Legal Opinion

Continental Illinois Corp. v. Commissioner

United States Tax Court

Decided February 28, 1990No. Docket No. 5931-83. (Iranian Loss Issue)PublishedCited by 9 opinions

Petitioner, a calendar-year taxpayer, had property expropriated by the government of Iran in 1979. Held, even though petitioner retained Iranian deposit accounts, it had no legal right to offset its expropriation claims against such accounts, any practical possibility of setoff was no more than a bargaining chip which did not give rise to a reasonable prospect of recovery as of Dec. 31, 1979, and this case is otherwise controlled by Halliburton Co. v. Commissioner, 93 T.C.…

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Petitioner, a calendar-year taxpayer, had property expropriated by the government of Iran in 1979. Held, even though petitioner retained Iranian deposit accounts, it had no legal right to offset its expropriation claims against such accounts, any practical possibility of setoff was no more than a bargaining chip which did not give rise to a reasonable prospect of recovery as of Dec. 31, 1979, and this case is otherwise controlled by Halliburton Co. v. Commissioner, 93 T.C. 758 (1989), so that petitioner was entitled to a deduction for losses sustained during the taxable year.

1Opinion of the Court

TANNENWALD, Judge:

Respondent determined the following deficiencies in petitioner’s Federal income taxes:

Year Deficiency

1975 . $1,899,880

1976 . 84,088

1977 . 36,741,206

1978 . 15,844,349

1979 . 3,896,519

By order dated April 12, 1989, the “Iranian Loss” issue was severed from the other issues in the case and is the subject of this opinion. The issues for decision are whether petitioner is entitled to deduct losses in 1979 pursuant to section 1651 for the expropriation of stock by the Iranian government in 1979, or alternatively as worthless securities under section 165(g), both of which issues…

2Cases cited13 opinions

  1. First National City Bank v. Banco Para El Comercio Exterior De CubaSupreme Court of the United States · 1983
  2. Dames & Moore v. ReganSupreme Court of the United States · 1981
  3. Boehm v. CommissionerSupreme Court of the United States · 1945
  4. National City Bank of NY v. Republic of ChinaSupreme Court of the United States · 1955
  5. First National City Bank v. Banco Nacional De CubaSupreme Court of the United States · 1972

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Reading & Bates Corp. v. United StatesUnited States Court of Federal Claims · 1998
  2. Bankamerica Corp. v. CommissionerUnited States Tax Court · 1997
  3. Continental Illinois Corp. v. CommissionerUnited States Tax Court · 1991
  4. Elghanian v. Comm'rUnited States Tax Court · 2005
  5. BankAmerica Corporation, as successor in interest to Continental Bank Corporation, as successor in interest to Continental Illinois Corporation v. CommissionerUnited States Tax Court · 1997

4 more not listed; retrieve them via the Exa API.

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