Lauro G. and Gayle W. Guaderrama - Page 6




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               Under the lease agreement, all costs, expenses, and                       
          obligations relating to Severo’s, including taxes, utilities, and              
          insurance, were to be paid by Benavidez.  Guaderrama was to be                 
          indemnified by Benavidez for any costs or expenses paid by                     
          Guaderrama.  If Severo’s was partially or totally destroyed and                
          had to be repaired or rebuilt, Benavidez was not allowed to abate              
          the rent.  Under the lease agreement, Guaderrama was not liable                
          for any damage to persons or property arising from any cause.                  
          If there was an accident on the premises, Benavidez, not                       
          Guaderrama, would be liable.                                                   
               The Guaderramas reported the transaction as a lease on their              
          Federal income tax returns for taxable years ending January 31,                
          1993 and 1994.  Benavidez reported the transaction consistent                  
          with a financing arrangement on his Federal income tax return for              
          the 1992 and 1993 taxable years.                                               
               Respondent took a protective position in his notices of                   
          deficiency and with respect to the Guaderramas, treated the                    
          transaction as a sale and with respect to Benavidez, treated the               
          transaction as a lease.  In the notice of deficiency issued to                 
          the Guaderramas, respondent increased capital gain income for the              
          year ended January 31, 1993, and increased interest income for                 
          the years ended January 31, 1993 and 1994.  In the notice of                   
          deficiency issued to Benavidez, respondent disallowed interest                 
          expense and depreciation deductions for the 1992 and 1993 taxable              






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Last modified: May 25, 2011