- 31 - summary judgment at which numerous witnesses testified. Not only did petitioner have a full and fair opportunity to litigate the damages issue in the prior case, it had every incentive, as the plaintiff in that case, to litigate the issue aggressively. The fact that petitioner may have settled with Boesky or otherwise lacked an incentive to litigate against Boesky because he could not pay the sought-after damages does not mean that petitioner also lacked the same incentive as to Goldman. We conclude that no special circumstances exist to cause us to exercise our discretion to warrant an exception to the normal rules of preclusion. We hold that petitioner is collaterally estopped from deducting a theft loss in an amount equal to the additional cash payment of $217,649,340. Petitioner’s petition to this Court to allow it to deduct such a theft loss is merely a request to relitigate the applicable value of the old FMC stock in an attempt to ascertain a value that will compel the Treasury to subsidize petitioner’s redemption of its shares from its public shareholders. Petitioner’s position in this Court, however, continues to be essentially the same as the position that it advanced in its prior case; to wit, that it was harmed because its shareholders received too much. As recognized by Judge Pollack when he rejected that position, the position is “a remarkable proposition that was twice soundly rejected by thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011