Rodolfo Lizcano - Page 27




                                       - 27 -                                         
               6. Conclusion                                                          
               The Court concludes that collateral estoppel bars petitioner           
          from relitigating the issue of whether his 1999 Federal income              
          tax return was improperly selected for audit in violation of                
          sections 6103 and 7605(b) and petitioner’s constitutional rights.           
          The District Court previously found that petitioner’s 1999                  
          Federal income tax return was selected for audit by computer and            
          not in retaliation for his complaints against his coworkers or              
          his job performance.                                                        
               Petitioner also alleges that respondent violated section               
          7213, an issue which he did not raise in his District Court case.           
          However, pursuant to the judicial doctrine of collateral                    
          estoppel, “the parties to the suit and their privies are                    
          thereafter bound ‘not only as to every matter which was offered             
          and received to sustain or defeat the claim or demand, but as to            
          any other admissible matter which might have been offered for               
          that purpose.’”  Commissioner v. Sunnen, supra at 597 (quoting              
          Cromwell v. County of Sac, 94 U.S. 351, 352 (1877)).                        
          Accordingly, the Court will grant respondent’s motion for summary           
          judgment.                                                                   
               The Court has considered all of petitioner’s contentions,              
          arguments, requests, and statements.  To the extent not discussed           
          herein, we conclude that they are meritless, moot, or irrelevant.           








Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next 

Last modified: March 27, 2008