National Industrial Investors, Inc. - Page 15

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            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 for                                 






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