River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 97

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               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 following                   






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