River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 49

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          the years at issue equal to the cash payments made by the                    
          partners to the partnerships during those years.                             
               2.   Respondent’s Arguments                                             
               Respondent contends that the Hoyt sheep partnerships are not            
          entitled to theft loss deductions for any of the years at issue.             
          Respondent argues that petitioners have failed to satisfy all of             
          the requirements under section 165 for deducting a theft loss.               
          Specifically, respondent asserts that petitioners have failed to             
          establish:  (1) The partnerships, as opposed to the partners,                
          were victims of a theft; (2) the amount of the alleged theft; (3)            
          that the alleged theft from each partnership was discovered                  
          during the 1984 through 1996 years at issue; and (4) that no                 
          reasonable prospect for recovery existed during the years at                 
          issue.                                                                       
               Respondent states that in United States v. Barnes, et al.,              
          No. CR 98-529-JO-04 (D. Or. Feb. 12, 2001), the Government’s                 
          prosecution focused on the activities of Jay Hoyt, other co-                 
          defendants, and the Hoyt organization in promoting and operating             
          the cattle partnerships, not the sheep partnerships.  Hence,                 
          respondent maintains that collateral estoppel and judicial                   
          estoppel are inapplicable, as the Government’s conviction of Jay             
          Hoyt neither establishes a theft from the sheep partnerships nor             
          precludes respondent from denying that the sheep partnerships                








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