Aljian v. Commissioner

1989 T.C. Memo. 553, 58 T.C.M. 354, 1989 Tax Ct. Memo LEXIS 551
United States Tax Court·Decided October 10, 1989·No. Docket No. 21757-88·Unpublished

Opinion

KHOSROW & HASMIK ALJIAN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Aljian v. Commissioner
Docket No. 21757-88
United States Tax Court
T.C. Memo 1989-553; 1989 Tax Ct. Memo LEXIS 551; 58 T.C.M. (CCH) 354; T.C.M. (RIA) 89553;
October 10, 1989
Khosrow Aljian, pro so.
Michael S. Noble, for the respondent.

NAMEROFF

MEMORANDUM FINDINGS OF FACT AND OPINION

NAMEROFF, Special Trial Judge: This case was heard pursuant to the provisions of section 7443A(b) of the Code 1 and Rule 180 et seq. Respondent determined a deficiency in petitioners' Federal income tax for 1984 in the amount of $ 7,338. Respondent also determined additions to tax under section 6651(a)(1) in the amount of $ 414, section 6654 in the amount of $ 101.54, section 6653(a)(1) in the amount of $ 366.90, and section*554 6653(a)(2) in the amount of 50 percent of the interest due on the deficiency. The issues for decision are: (1) whether petitioners are entitled to a deduction for amortization of a loss as the result of the confiscation of assets by the Iranian government; (2) whether petitioners may deduct legal fees incurred in defending a criminal prosecution; and (3) whether petitioners are liable for the additions to tax.

Some of the facts have been stipulated and are so found. At the time of the filing of the petition herein, petitioners resided in Glendale, California.

On September 6, 1975, Khosrow Aljian (hereinafter referred to as petitioner) and his wife Hasmik Aljian (formerly Hasmik Davoudian) established the Gemini International Forwarding Company, Ltd. (Gemini), a moving and storage business located in Tehran, Iran. The company maintained a warehouse as well as offices and employed 118 individuals, of which 90 were packers and 28 were office and clerical staff. The company served as*555 movers for the staffs of various embassies located in Tehran, including the American and British embassies. Gemini would pack the household goods of embassy employees and arrange for their shipment, as well as their passage through Iranian customs. Initially, petitioners were the sole stockholders of Gemini.

According to Gemini's corporate constitution, petitioner and his wife each made an initial capital contribution to Gemini in the amount of 500,000 rials, for a total capital contribution of one million rials or the equivalent of $ 15,300. (According to the September 5, 1975, edition of the Wall Street Journal, the exchange rate between the American dollar and the Iranian rial was .0153 dollars to 1 rial.) The corporate constitution provided that petitioner and his wife would serve on Gemini's board of directors and that petitioner would serve as the company's managing director.

Petitioners were born and lived in Iran until they emigrated to the United States in 1978. On emigrating from Iran, petitioners resided in Florida, and then moved to California in 1980. However, in 1978 and 1979, petitioner continued to spend a substantial amount of time travelling back and forth*556 to Iran to operate Gemini. Petitioners were naturalized as United States citizens in 1985.

In October 1979, the so-called revolutionary guard took control of the Iranian government and toppled the Shah from power. By 1980, petitioner could no longer return to Iran due to his past close business association with the American embassy. According to petitioner, he was considered a spy by the Khomeini regime. Consequently, petitioner's life would be placed at risk if he returned to Iran. Since petitioner was unable to return to Iran to operate his business, petitioner appointed his accountant, Kourash Yar Ahmadi (Ahmadi), to serve as temporary supervisor of Gemini in petitioner's absence. Petitioner assigned a 20-percent interest in Gemini's profits to Ahmadi as compensation for performing these duties. In 1981, Ahmadi was arrested and Gemini's office, equipment, vehicles, warehouse, and other assets were seized and expropriated by the Iranian authorities. Ahmadi and petitioner (absente reo) were tried and convicted on charges of spying for the United States. Petitioner stated that Ahmadi was executed on July 12, 1981, and petitioner believes that he would encounter the same fate*557 should he return to Iran.

On their 1984 Federal income tax return, petitioners deducted an amount attributable to losses incurred due to the Iranian government's seizure of Gemini's assets and property. Based strictly on memory, petitioners valued the expropriated assets at $ 1,184,000. Petitioners attempted to amortize this amount over 20 years resulting in a deduction of $ 59,200 per year, beginning in 1984. 2 Petitioner testified that the $ 1,184,000 loss consisted of the following items:

ITEMCOST 3
Warehouse$ 673,000
Four Mercedes Benz Trucks (5 Tons)88,000
Two Mercedes Benz Trucks (22 Tons)190,000
Lift Trucks12,850

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Aljian v. Commissioner, 1989 T.C. Memo. 553, 58 T.C.M. 354, 1989 Tax Ct. Memo LEXIS 551 (tax 1989).

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