River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 58

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          supra at 26.  Acceptance by a court does not require that the                
          party being estopped prevailed in the prior proceeding with                  
          regard to the ultimate matter in dispute, but rather only that a             
          particular position or argument asserted by the party in the                 
          prior proceeding was accepted by the court.  In re Cassidy, 892              
          F.2d 637, 641 (7th Cir. 1990); Edwards v. Aetna Life Ins. Co.,               
          supra at 599 n.5; Huddleston v. Commissioner, supra at 26.                   
               Although judicial estoppel is somewhat similar to collateral            
          estoppel, there are substantial differences between the two                  
          doctrines.  See Teledyne Indus., Inc. v. NLRB, supra at 1220.                
          Thus, judicial estoppel may apply in a case “where neither                   
          collateral estoppel nor equitable estoppel  *  *  *  would                   
          apply.”  Allen v. Zurich Ins. Co., 667 F.2d 1162, 1166-1167 (4th             
          Cir. 1982).                                                                  
          C.   Discussion of Partnership Level Theft Loss Deductions                   
               1.   Determination of Whether the Sheep Partnerships Were               
                    Victims of Theft                                                   
               As previously stated, in order to sustain a theft loss                  
          deduction, petitioners must prove the following elements:  (1)               
          That each sheep partnership was the victim of a theft pursuant to            
          the law of the jurisdiction where the loss was sustained; (2) the            
          year that each partnership discovered the loss from the theft;               
          and (3) the amount of theft loss that each partnership suffered.             
          See Yates v. Commissioner, T.C. Memo. 1988-565.                              
                    a.     The Occurrence of a Theft                                   
               Petitioners have the burden of establishing a theft of                  



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