In Uncategorized on 03/08/2018 at 16:38

Since settling up with IRS after the lackluster performance of their previous attorney (as to which see my blogpost “Straighten Up and Fly Right,” 8/8/13), Farrokh E. Pourmirzaie and Minoo S. Pourmirzaie, 2018 T. C. Memo. 26, filed 3/8/18 (a day of great significance in our house) are back again, this time with new counsel, but they don’t do a lot better.

Minoo is claiming Section 469(c)(7) real estate pro status, but her calendars of hours spent is the usual prepared-during-audit and her testimony doesn’t help her cause.

“Her husband, she testified, was a workaholic.  Nevertheless, she proposes that we find that she, herself, spent 15 to 20 hours a week at the San Jose property carrying out management tasks.  If we add to her suggested totals the 14 hours a week that her husband was at the San Jose property performing management tasks, then we have the couple spending 29 to 34 hours a week managing a four-unit residential apartment building at which they neither kept an office nor stored any tools. Simply stated, we do not believe it.” 2018 T. C. Memo. 26, at pp. 14-15.

Judge Halpern does a mix-and-match, and comes up with 416 hours for Minoo for each audit year, well short of the 750 cut.

And Judge Halpern hands Minoo a five-and-ten chop as well for substantial understatement.

A tough day for the bullpen.


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