Fred Misko, Jr. and Karen L. Howe-Misko - Page 6

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          truck crash.  Petitioner’s technical savvy served as a useful               
          marketing edge in soliciting new work.                                      
               Petitioner first began the leasing arrangement in 1992 by              
          assigning law firm equipment to himself and leasing it to the law           
          firm.  He then purchased all future equipment personally and                
          leased it to the law firm.  The equipment petitioner leased to              
          the law firm consisted of computers, video equipment, and office            
          furniture.5  The original cost of the equipment used in the years           
          at issue was $1,840,157.  From 1992 through 1997, petitioner                
          received rental payments from the law firm totaling $1,040,000.             
               Petitioner intended to receive an amount in rent generally             
          commensurate with the yearly depreciation deduction.  During the            
          years at issue, however, the law firm experienced a loss, and the           
          law firm made no rental payments.  Nor did the firm pay                     
          petitioner a salary in those years.  The losses during those                
          years were attributable to a case that petitioner had expected to           
          close but that took until 2000 to close.  Ultimately,                       
          petitioner’s leasing activity did not prove profitable,                     
          principally because of the losses during the years at issue, and            
          he later sold the equipment to the law firm at book value for               
          $557,885.  The law firm paid petitioner by increasing the amount            
          it owed him.                                                                



               5The value of the office furniture was a small fraction of             
          the value of the assets he leased to the law firm.                          




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