Nariman Teymourian - Page 2

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               Year      Deficiency          Sec. 6662(a)1 Penalty                    
               1999      $323,517.00         $64,703.40                               
               2000      207,511.00          41,502.20                                

               After concessions,2 the issues for decision are: (1) Whether           
          petitioner received rental income of $16,200 in 1999 and $16,200            
          in 20003 (years in issue); (2) whether amounts disbursed to or on           
          behalf of petitioner by Caspian Consulting Group, Inc. (Caspian)            
          during the years in issue were properly characterized as loans or           
          should be recharacterized as constructive dividends; and (3)                
          whether petitioner is liable for accuracy-related penalties under           
          section 6662(a) for the years in issue.                                     
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits, to the extent           
          admitted, are incorporated herein by this reference.  At the time           


               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       
               2  Petitioner concedes that he received the following:  (1)            
          Capital gain of $137,880 in 1999; (2) additional income of                  
          $4,415.57 in 1999 from personal expenses charged by petitioner to           
          Caspian’s credit card and paid by Caspian; and (3) additional               
          inoome of $10,000 in 2000 from petitioner’s personal use of the             
          company aircraft.                                                           
               3  In respondent’s notice of deficiency, respondent                    
          determined that petitioner had received rental income of $19,800            
          for 1999 and $19,800 for 2000.  However, respondent subsequently            
          conceded that this amount was the result of a computational error           
          and asserted that petitioner received only  $16,200 in each year.           





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