- 22 - 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 inPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: March 27, 2008