- 39 - refunds. We shall therefore enter decision in accordance with the stipulation of settled issues that petitioner agreed to. Collateral Estoppel Petitioner argues that respondent is collaterally estopped by the bankruptcy court’s opinion for the taxable year 1985 from litigating whether the tentative refunds for taxable years 1981 and 1984 were “rebates” within the meaning of section 6211(b).6 We disagree. In the discussion of estoppel issues that follows, we will have primary recourse to opinions of the Court of Appeals for the Seventh Circuit, to which an appeal in the case at hand would ordinarily lie. “Collateral estoppel, also called ‘issue preclusion’, refers to the simple principle that later courts should honor the first actual decision of a matter that has been actually litigated.” Chicago Truck Drivers v. Century Motor Freight, Inc., 125 F.3d 526, 530 (7th Cir. 1997) (citing 18 Wright et al., Fed. Prac. P., sec. 4416, at 136 (1981 & Supp. 1997)). The doctrine ensures that the determination of an issue by a court of competent jurisdiction will be conclusive in subsequent suits. Id. Collateral estoppel applies when (1) the issue sought to be precluded is the same as in the prior action; (2) that issue was actually litigated; (3) the determination of the issue was 6Petitioner does not argue the preclusive effect of Interlake Corp. v. Commissioner, 112 T.C. 103 (1999).Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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