Rodolfo Lizcano - Page 22




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               In probing the existence of the alleged violations, the                
          District Court made specific findings of fact and conclusions               
          with respect to the selection of petitioner’s 1999 Federal income           
          tax return for audit.  The District Court found that none of the            
          named individual defendants was responsible for the selection of            
          petitioner’s 1999 Federal income tax return for audit because his           
          tax return was selected by computer.  The District Court’s                  
          findings addressed precisely the same issue that is now before              
          this Court:  the selection of petitioner’s 1999 Federal income              
          tax return for audit.  Accordingly, identity of issues poses no             
          barrier to the application of collateral estoppel.                          
               2. Final Judgment by Court of Competent Jurisdiction                   
               The second pertinent factor is phrased in terms of a final             
          judgment by a court of competent jurisdiction.  There is no                 
          question that the District Court is a court of competent                    
          jurisdiction and that it reached a final judgment in the subject            
          case.  This prerequisite also poses no barrier to the application           
          of collateral estoppel.                                                     
               3. Privity                                                             
               The third point typically considered by this Court in                  
          assessing the propriety of collateral estoppel is that the                  
          doctrine may be invoked against parties and their privies to the            
          prior judgment.  Peck v. Commissioner, supra at 166.                        
          Historically, courts often went further than this formulation in            







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