- 23 - collect on the debt. Petitioners further contend that in 1989 the debt became worthless because the time within which to collect under the 10-year Iranian period of limitations on collection of this debt had expired. Respondent’s Contentions Respondent first contends that no sale occurred giving rise to any debt. It is respondent’s view that petitioner disposed of his interest in GMS and was fully paid by Ammareh. According to respondent, the alleged $8 million sale was rigged to enable petitioner to avoid paying American taxes. Respondent alternatively contends: a. Any sale between petitioner and Ammareh took place in 1979 after petitioner had established residency in the United States. Therefore, petitioner failed to report any gain on the sale and is limited (if there is a bad debt) to his basis in the assets (which petitioner has not proven) or in his shares of stock of GMS (at best $10,000). b. GMS was a corporation owned in part by petitioners and any sale of the “business” to Ammareh was either at the corporate level (i.e., GMS sold its business to Ammareh) or a sale of shares of stock from petitioner to Ammareh. c. Finally, respondent contends that petitioner has failed to prove when any alleged debt became worthless, arguing that any such debt had been worthless long before the years at issue.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011