- 15 - concluding that its position is 'unreasonable' or 'not substantially justified.'" Analogously, the more difficult a building's basis is to establish, the more leeway the Court should accord the IRS before concluding its position is unreasonable. As a result, we hold respondent substantially justified in her position on this issue. (4) Net Operating Loss Carryforwards Respondent denied net operating losses claimed by petitioner in excess of $250,000 in 1989 and used as part of the carryover loss for 1990 based on NII's failure to establish that any losses were in fact incurred in the years 1976, 1978-1985, and 1988. Petitioner's net operating loss carryovers were premised on: (a) Business expenses; (b) interest expenses; (c) depreciation deductions; and (d) losses of petitioner's subsidiaries incurred in those years. In October of 1989 petitioner destroyed most of the underlying documentation for its expenses from 1971 to 1984 or 1985, keeping only its unaudited books of original entry, other books based on them and some checks for its two wholly owned subsidiaries, National For Sale by Owner Realty Corp. (Sale by Owner) and Far Western Real Estate Corp. (Far Western). The Court found NII not entitled to most of the operating losses from the prior years that were carried over to 1989, except forPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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