Nasser and Shahpar Golshani - Page 13

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          Code and that the underpayment of tax was not attributable to               
          negligence.  Petitioners claimed an NOL loss carryover in the               
          amount of $813,814 on the 1999 return.  We have concluded that              
          petitioners incurred a loss from the expropriation of four                  
          parcels of property by the Iranian revolutionary government                 
          sometime in the late 1970s or early 1980s.  The issue in this               
          case is one of timing.  Having reviewed the documentary evidence            
          in this case and considered the testimony of petitioner, we are             
          satisfied that he reasonably believed that there was some hope in           
          recovering some of the expropriated properties or of receiving              
          some compensation for same.  While we have concluded that there             
          was not a reasonable prospect of recovery in 1995, that                     
          conclusion is based on an analysis of legal precedent relating to           
          the 1979 revolution in Iran.  We do not believe petitioners acted           
          recklessly or intentionally disregarded the tax laws in a manner            
          sufficient to apply the accuracy-related penalty.  Accordingly,             
          we hold for petitioners on the section 6662(a) penalty.                     

















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