- 26 - Federal tax return was improperly selected for audit in retaliation for his EEOC complaints and whistle blowing. Thus, petitioner seeks to relitigate the identical issue necessarily decided in his District Court case. This factor poses no obstacle to the application of collateral estoppel. 5. Change in Circumstances The fifth consideration for collateral estoppel is whether there has been a change in the controlling facts or legal rules since the earlier ruling. Id. The type of changes with which this factor is concerned are factual changes stemming from subsequent events and legal changes wrought by intervening judicial decisions, statutory provisions, or regulatory promulgations. Sunnen v. Commissioner, 333 U.S. 591, 599-601 (1948). Respondent seeks to apply collateral estoppel to the same facts considered by the District Court. Petitioner has not brought to the Tax Court’s attention, nor is this Court aware of, any relevant changes in the applicable law via judicial decisions, statutory provisions, or regulatory promulgations that have occurred since the District Court dismissed petitioner’s case on December 14, 2004. Accordingly, change in circumstances also poses no bar to the application of collateral estoppel. 14(...continued) probability of error and applied even handedly to all individual income tax returns. The DIF scoring system was developed by using the results of random audits historically known as the Taxpayer Compliance Movement Program or by its acronym TCMP.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: March 27, 2008