John M. and Rita K. Monahan - Page 7

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          petitioner has received no benefit from any of the 1991 interest            
          payments and that those funds were transferred to a Bank of                 
          Bermuda account over which petitioner did not exercise any                  
          control.                                                                    
               Lastly, petitioners assert that, even if the Court were to             
          find that Aldergrove must recognize the 1991 interest payments as           
          income, petitioners are taxable only on petitioner's distributive           
          share of that income.                                                       
               Respondent asserts that this Court in Monahan v.                       
          Commissioner, T.C. Memo. 1994-201 (Monahan I), affd. without                
          published opinion 86 F.3d 1162 (9th Cir. 1996),1 found that, in             
          1991, petitioner controlled Aldergrove partnership matters and              
          benefited from and controlled the funds in the Aldergrove                   
          account.  Relying on the doctrine of collateral estoppel,                   
          respondent argues that petitioner is precluded from relitigating            
          those issues.  Since the 1991 interest payments were deposited in           
          the Aldergrove account in 1991, respondent argues that those                
          payments are taxable to petitioner.                                         



          1    It should be noted that 9th Cir. R. 36-3 provides that                 
          dispositions other than opinions or orders designated for                   
          publication shall not be regarded as precedent and shall not be             
          cited to or by the Court of Appeals for the Ninth Circuit or any            
          district court of the Ninth Circuit, except when relevant under             
          the doctrines of law of the case, res judicata, or collateral               
          estoppel.                                                                   






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