Mary Catherine Pierce - Page 17

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          that the issue of collateral estoppel was tried with respondent’s           
          implied consent.  Rule 41(b)(1).                                            
               C.  Collateral Estoppel                                                
               We now consider whether respondent is collaterally estopped            
          from asserting that petitioner had reason to know of the                    
          substantial understatement.  Petitioner contends that our holding           
          in Pierce I, that the Pierces were not negligent and they                   
          reasonably relied upon their accountant/return preparer, is                 
          tantamount to finding or holding that petitioner had no reason to           
          know of the understatement for purposes of section 6015(b)(1)(C).           
               The doctrine of collateral estoppel is intended to preclude            
          parties from litigating issues that were necessarily decided in a           
          prior suit.  Johnston v. Commissioner, 119 T.C. 27, 33 (2002).              
          In Peck v. Commissioner, 90 T.C. 162, 166 (1988), affd. 904 F.2d            
          525 (9th Cir. 1990), this Court, implementing the factors                   
          established by the Supreme Court in Montana v. United States, 440           
          U.S. 147, 155 (1979), established five conditions preliminary to            
          the factual application of collateral estoppel:                             
               (1) The issue in the second suit must be identical in all              
          respects with the one decided in the first suit.                            
               (2) There must be a final judgment rendered by a court of              
          competent jurisdiction.                                                     
               (3) Collateral estoppel may be invoked against parties and             
          their privies to the prior judgment.                                        






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