- 22 - 162, 166-167 (1988)(citations omitted), affd. 904 F.2d 525 (9th Cir. 1990).] Petitioners fail to meet the prerequisites to invoke collateral estoppel. Although the issue, the controlling facts, and the parties are identical for each of the 1989, 1994, 1997, 1998 taxable years and for the years 1999 and 2000 in issue, respondent’s decision not to make adjustments to previous years’ tax returns was not the subject of any litigation. Thus, there was no final judgment rendered by any court, much less a court of competent jurisdiction. Accordingly, collateral estoppel does not apply in this case. V. Conclusion Petitioners are not entitled to exclude disability benefits payments from their gross income in excess of the amount determined by STRS and respondent. Petitioners did not establish that the additional benefits they sought to exclude were attributable to Mr. Wright’s after-tax contributions or that respondent was prohibited from making the adjustments to income at issue in this case. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
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