- 43 - 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 ofPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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