Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 50

                                       - 50 -                                         
          nonrebate issue is off limits under petitioner’s theory,                    
          respondent and the Court would be effectively precluded from ever           
          considering the Court’s own jurisdiction.                                   
               Precluding any consideration of the Court’s jurisdiction               
          would produce an unjust result.  Even though petitioner                     
          represented in the stipulation of settled issues that it would              
          not raise the jurisdictional issue, petitioner’s change of                  
          position is not necessarily the source of the injustice.  The               
          source of the injustice is petitioner’s attempt to use the                  
          opinion of the bankruptcy court, which quite clearly was never              
          presented with the issue of how its nonrebate finding might                 
          affect this Court’s jurisdiction, to prevent any adjudication on            
          the merits of petitioner’s jurisdictional argument.  Even if all            
          the requirements for collateral estoppel were satisfied in the              
          case at hand, it would not be in the interests of justice to                
          apply the doctrine because respondent did not have a full and               
          fair opportunity to litigate the issue in the bankruptcy court.             
               We conclude that petitioner may not use the doctrine of                
          collateral estoppel to prevent the Court from considering                   
          whether the 1981 and 1984 tentative refunds paid to petitioner              
          were nonrebate refunds.                                                     
               Tentative Refunds as Rebate Refunds                                    
               Petitioner contends the tentative carryback adjustments it             
          received from respondent are nonrebate refunds because, as the              






Page:  Previous  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  Next

Last modified: May 25, 2011