Ferydoun Ahadpour, a.k.a, F. Ahadpour, And Doris Ahadpour - Page 24




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          Respondent disputes whether Islamic law (which became more                  
          pronounced after the establishment of Islamic Republic)                     
          recognized the 10-year period of limitations pursuant to the                
          Iranian Commercial and Civil Codes upon which petitioners claim             
          they relied.11                                                              
               We find it unnecessary to consider all of these contentions            
          because, even if we viewed the facts most favorably to                      
          petitioners (which we do not), petitioners cannot prevail.                  
          Bad Debt Deduction                                                          
               Section 166(a) provides that there shall be allowed as a               
          deduction any debt which becomes worthless within the taxable               
          year.  A taxpayer is not entitled to a deduction for a worthless            
          debt under section 166 in connection with an income item unless             
          it has been included in the taxpayer’s gross income for Federal             
          income tax purposes either for the year for which the deduction             
          is claimed or for a prior year.  See Gertz v. Commissioner, 64              
          T.C. 598, 600 (1975); Garrison v. Commissioner, T.C. Memo. 1994-            
          200, affd. without published opinion 67 F.3d 299 (6th Cir. 1995);           
          sec. 1.166-1(e), Income Tax Regs.  Petitioners never included the           
          account receivable for the sale of GMS in their income.                     
          Therefore, petitioners are not entitled to a bad debt deduction             
          because Ammareh defaulted.                                                  



               11  Islamic commentators proclaimed that limiting the time             
          to make rightful claims is against Islamic principles.                      





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