Associated Dentists of River Falls, f.k.a. River Falls Dental Associates, Ltd. - Page 5

                                        - 5 -                                         

          Nelson and Dr. Schwalbach negotiated the stated rent, but                   
          Dr. Schwalbach's main intent during the negotiations was to                 
          secure Dr. Nelson’s presence in the building 1 day a week in                
          order to further petitioner's business.  But for Dr. Nelson, the            
          River Falls area did not have an orthodontist before 1994.                  
               The Schwalbachs own a commercial building (the Hudson                  
          building) in Hudson, Wisconsin, a city that is close to River               
          Falls.  The Hudson building is similar to the River Falls                   
          building in terms of quality and available space, but the Hudson            
          building is dissimilar to the River Falls building in that the              
          former is unimproved space whereas the latter is tailored to the            
          needs of a dental practice.  During the subject years, Dr.                  
          Schwalbach let 530 square feet in the Hudson building for $7,500            
          per year (i.e., $14.74 per square foot), and he let another                 
          468-square-foot space in the Hudson building for $6,900 per year            
          (i.e., $14.15 per square foot).                                             
               In connection with its lease of the River Falls building,              
          petitioner claimed deductions on its 1993 and 1994 tax returns              
          for the following amounts of rent and real estate taxes:                    
                                        1993             1994                         
                    Rent                     $54,000   $54,000                        
                    Real estate taxes          9,113     8,128                        
                    Total                   63,113    62,128                          
          Of these amounts, respondent disallowed the following:                      
                                        1993             1994                         
                    Rent                     $28,800   $28,800                        
                    Real estate taxes          9,112     8,040                        




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011