- 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 NextLast modified: March 27, 2008