Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 39

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          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).                       





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