- 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 thePage: 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