Nasser and Shahpar Golshani - Page 6

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          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.                                               





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