Affiliated Foods, Inc., A Corporation - Page 15




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          II.  Issue Preclusion                                                       
               A.  Introduction                                                       
               Respondent asserts that the Court in Affiliated Foods, Inc.            
          v. Commissioner, T.C. Memo. 1996-505, found that payments by                
          vendors to member stores of petitioner-delivered currency during            
          petitioner’s 1989 and 1990 tax years were both gross income to              
          petitioner and nondeductible payments of patronage dividends by             
          petitioner to its shareholders.  Relying on the doctrine of issue           
          preclusion (or collateral estoppel), respondent argues that                 
          petitioner is precluded from relitigating those issues.  Since,             
          during the audit years, vendors also made payments of petitioner-           
          delivered currency to member stores, respondent argues that those           
          payments are items of gross income to petitioner for those years            
          and nondeductible payments of patronage dividends.                          
               B.  The Doctrine of Issue Preclusion                                   
               In Monahan v. Commissioner, 109 T.C. 235, 240 (1997), we               
          said:                                                                       
                    The doctrine of issue preclusion, or collateral                   
               estoppel, provides that, once an issue of fact or law                  
               is “actually and necessarily determined by a court of                  
               competent jurisdiction, that determination is                          
               conclusive in subsequent suits based on a different                    
               cause of action involving a party to the prior                         
               litigation.”  Montana v. United States, 440 U.S. 147,                  
               153 (1979) (citing Parklane Hosiery Co. v. Shore, 439                  
               U.S. 322, 326 n.5 (1979)).  Issue preclusion is a                      
               judicially created equitable doctrine whose purposes                   
               are to protect parties from unnecessary and redundant                  
               litigation, to conserve judicial resources, and to                     
               foster certainty in and reliance on judicial action.                   
               See, e.g., id. at 153-154; United States v. ITT                        






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