Ferydoun Ahadpour, a.k.a F. Ahadpour and Doris Ahadpour - Page 10






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          CDC’s work product on the Phase II project.  On May 28, 1992,               
          petitioners paid to CDC $42,500 of the Additional Amount.                   
          Petitioners retained $7,500 of the Additional Amount, which they            
          considered to be an offset of CDC’s share of the legal fees that            
          petitioners had incurred as a result of the State’s tidelands               
          easement claim.6                                                            
               On their 1992 tax return, petitioners did not claim a                  
          deduction for the $642,500 paid to CDC in 1992.  Petitioners also           
          did not report as gross income on any tax return the $57,500                
          difference between the $700,000 they received from CDC under the            
          Agreement during 1989 and 1990 and the $642,500 they paid to CDC            
          pursuant to the Mutual Release in 1992.7                                    
               During this entire period, petitioners remained in                     
          possession of Phase II and retained all benefits and burdens of             
          ownership including liability for payment of taxes and insurance.           
          It does not appear from the record that CDC ever took possession            
          of Phase II.                                                                







          6  The record contains a considerable amount of information                 
          pertaining to events that occurred between petitioners and the              
          State, and petitioners and First American, after the years at               
          issue.  We do not consider this information to be of any                    
          relevance to the years before the Court.                                    
          7  We do not have jurisdiction with regard to 1992.  We make                
          this finding of fact as to 1992 for completeness, but we draw no            
          conclusions with respect to petitioners’ tax liability for 1992             
          resulting from this transaction.                                            
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