River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 94

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          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 the                      






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