28 Having disposed of the parties' dispute over the burden of proof with respect to the substantiation of payments, we preface the following discussion with the observation that petitioners have the burden of showing that their payments for rent and management services were ordinary and necessary business expenses deductible under section 162. Rule 142(a). Issue 2. Rental Payments Section 162 provides, in pertinent part: SEC. 162(a). In General.--There shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including-- * * * * * * * (3) rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken or is not taking title or in which he has no equity. Excessive rental payments do not constitute ordinary and necessary business expenses and are therefore not deductible. Foyt v. United States, 561 F.2d 599, 603 (5th Cir. 1977). Payments in excess of reasonable rent pursuant to an agreement between closely related parties that is not the product of arm's-length negotiation are not "required" within the meaning of 15(...continued) does reflect the assumption that the challenged amounts were paid, and Fleming v. Commissioner, T.C. Memo. 1985-165, would provide adequate support for granting corporate petitioners' motion (to the extent that it concerns substantiation of payment) if it had not been mooted.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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