National Industrial Investors, Inc. - Page 18

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                  (d) The losses of petitioner's subsidiaries for the years                            
            prior to 1989 and 1990 comprise the fourth category of net                                 
            operating loss carryforwards.  We found claimed losses from two                            
            of these subsidiaries, Controlled Casting Systems Corp. and                                
            National Industrial Management Corp., unreliable and therefore                             
            disregarded them.                                                                          
                  As for the subsidiary losses the Court did allow (see supra                          
            p. 16), respondent's position was nevertheless justified based on                          
            the lack of adequate substantiation alone.  See Porter v.                                  
            Commissioner, T.C. Memo. 1986-465.  No records, receipts, or                               
            invoices of the subsidiaries' business transactions were                                   
            provided.  Virtually the only documentary evidence of the                                  
            pertinent loss year expenses of NII's subsidiaries for prior                               
            years is their unaudited books of original entry and general                               
            ledgers, and some canceled checks.  Since the records provided by                          
            petitioner were not dispositive, respondent reasonably submitted                           
            the issue to the Court for resolution.  See Santa Maria v.                                 
            Commissioner, T.C. Memo. 1995-64; Grace Foreign Exch. Corp. v.                             
            Commissioner, T.C. Memo. 1995-63.                                                          
            (4)  Negligence Penalty Based on Resulting Underpayments                                   
                  We held petitioner liable for accuracy-related penalties for                         
            negligence under section 6662(a) to the extent that the                                    
            deductions the Court denied resulted in an underpayment for 1989                           






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