- 79 - wherein an appeal in the instant case would lie, which support a quite different interpretation of Mendoza. Contrary to petitioners’ construction of Mendoza, this Court and the Court of Appeals for the Ninth Circuit have both on numerous occasions interpreted Mendoza as holding that nonmutual offensive collateral estoppel may not be invoked against the Government. See Natl. Med. Enter., Inc. v. Sullivan, 916 F.2d 542, 545 (9th Cir. 1990); Black Constr. Corp. v. INS, 746 F.2d 503, 504 (9th Cir. 1984); Kroh v. Commissioner, supra at 402; McQuade v. Commissioner, 84 T.C. 137, 144 (1985); Barrett-Crofoot Invs. v. Commissioner, T.C. Memo. 1994-59. Accordingly, we follow these cases and hold that petitioners may not invoke nonmutual offensive collateral estoppel against respondent. Assuming, arguendo, that in some circumstances nonmutual offensive collateral estoppel could be applied against respondent, petitioners failed to show that all the conditions for application of collateral estoppel have been met. See Peck v. Commissioner, 90 T.C. 162, 166-167 (1988). Specifically, petitioners have not presented a persuasive argument that the issue in the instant cases is “identical in all respects” with an issue decided in Jay Hoyt’s criminal trial. Id. at 166. Petitioners claim that respondent is estopped from relitigating a theft from the partnerships, because Jay Hoyt was “convicted of stealing all the money contributed to thePage: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
Last modified: May 25, 2011