- 82 - Petitioners have failed to establish the elements necessary to assert judicial estoppel against respondent. Therefore, judicial estoppel cannot be utilized to prevent respondent from disputing petitioners’ claim of the existence and amount of the thefts from the partnerships. D. Conclusion This Court is well aware of Jay Hoyt’s criminal activities and the harm he has caused to thousands of individuals. Further, we sympathize with those that were defrauded by Jay Hoyt’s deceptive practices. However, petitioners did not introduce any evidence at trial which would support a finding that a theft loss occurred on the partnership level during each of the years at issue. Petitioners have not met the elements required to sustain a section 165 theft loss deduction. Accordingly, we hold that petitioners have failed to establish that the nine sheep partnerships are entitled to theft loss deductions in any of the years at issue. Issue 2. Expiration of the Period of Limitations A. The Parties’ Arguments 1. Petitioners’ Arguments In their amended petitions, petitioners specifically pleaded that the period of limitations had expired for each of the years at issue. On brief, petitioners now assert that the period of limitations has expired only with respect to the followingPage: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
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