- 5 - did not request any further extensions. On their 1999 return, petitioners deducted a net operating loss (NOL) carryover in the amount of $813,814. An NOL worksheet attached to the 1999 return reported that the NOL in the amount of $929,297 had been carried forward from tax year 1995 and that portions of the NOL had been previously used in tax years 1996, 1997, and 1998.3 Although not specifically stated in either their 1995 or 1999 returns, there is no dispute that the NOL was attributable to losses claimed from the expropriation of their properties in Iran. On May 13, 2003, respondent issued to petitioner a notice of deficiency for 1999. Respondent disallowed the NOL carryover, and determined a deficiency of $4,009. Respondent further determined that petitioners were liable for the delinquency addition to tax and the negligence penalty. 3 At trial, petitioners asserted that they initially claimed the expropriation losses in 1991 instead of 1995. Petitioners filed a motion to dismiss for lack of jurisdiction (motion), arguing that the notice of deficiency for 1999 was invalid because it incorrectly determined that the NOL carryover on their 1999 return originated in 1995 rather than in 1991. The Court denied petitioners’ motion. Petitioners’ 1991 return was not made part of the record in this case, and their assertion that the losses originated in 1991 was unsubstantiated and contradicted by statements in their 1995 return. E.g., Statement 1 attached to their 1995 return provided: “the taxpayer hereby elects to relinquish the entire carryback period with respect to the net operating loss incurred in the taxable year ending December 31, 1995.” In any event, even if petitioners did initially claim the losses on the 1991 return, the notice of deficiency was sufficient to give petitioners notice that respondent was disallowing the NOL that petitioners carried forward to their 1999 return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011