- 24 - the sense of ‘identity of interests’ has been broadly construed and applied. * * * Privity between the United States and the Commissioner of Internal Revenue is also recognized by this Court.” Gammill v. Commissioner, supra at 614. Similarly, Government officials or employees who are sued in their official capacities are generally considered to be in privity with the Government or their governmental agencies. Bloomquist v. Brady, 894 F. Supp. 108, 114 (W.D.N.Y. 1995) (Secretary of the Treasury was in privity with the United States); see Gregory v. Chehi, 843 F.2d 111, 120 (3d Cir. 1988); Thurston v. United States, 810 F.2d 438, 444 (4th Cir. 1987); Town of Seabrook v. New Hampshire, 738 F.2d 10, 11 (1st Cir. 1984). Respondent is permitted to use collateral estoppel in the defensive sense because petitioner’s case in the District Court was against respondent, at least initially, and named individual employees of respondent. The fact that petitioner did not include respondent as a defendant in his District Court amended complaint does not bar the application of collateral estoppel because respondent has privity with its employees. See supra note 7. Furthermore, the captions of the order and judgment of the District Court include respondent, and the judgment specifically provides: “IT IS ORDERED, ADJUDGED, and DECREED that Plaintiff Rodolfo Lizcano TAKE NOTHING against Defendants the United States of America, the Internal Revenue Service, thePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: March 27, 2008