George A. and Marysue Coward - Page 8

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            91 T.C. 14, 20-21 (1988).  For collateral estoppel to apply, an                              
            issue litigated and decided in the previous action must be                                   
            identical with the issue presently before the Court.  Montana v.                             
            United States, 440 U.S. 147, 153 (1979); Peck v. Commissioner, 90                            
            T.C. 162, 166-167, affd. 904 F.2d 525 (9th Cir. 1990).                                       
            Petitioners have not established that the issue presented herein                             
            is identical to one of the issues presented in Bales v.                                      
            Commissioner, supra.                                                                         
                  The taxpayers in Bales v. Commissioner, supra, were partners                           
            in several limited partnerships which were organized by Walter J.                            
            Hoyt III to engage in the business of breeding cattle.  The                                  
            issues presented in that case included whether purchases of                                  
            breeding cattle by those partnerships were bona fide                                         
            transactions, and, if so, whether such purchases were eligible                               
            for the investment tax credit.  The Court held: "Cattle are                                  
            section 38 property and therefore eligible for the credit. Sec.                              
            48(a)(6)."  However, the transactions involving Washoe Ranches #7                            
            LTD. were not before the Court in Bales v. Commissioner, supra.                              
            There is no dispute that cattle are section 38 property, and that                            
            purchases of cattle may be eligible for the investment tax                                   
            credit.  The issue in this case is whether cattle were acquired                              
            and placed in service by Washoe Ranches #7 LTD. in 1978.  This                               
            issue is not identical to an issue litigated and decided in Bales                            
            v. Commissioner, supra.  Nor has it been shown that petitioners                              
            are in privity with the taxpayers in Bales.  Thus, respondent is                             




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