T.C. Memo. 1996-78 UNITED STATES TAX COURT MASCHMEYER’S NURSERY, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 22315-94. Filed February 26, 1996. R determined that deductions claimed by P for annual rental payments made to P’s sole shareholder under a real property lease exceeded the fair rental value of the property, and disallowed depreciation deductions claimed by P for improvements made to a residence used by P’s sole shareholder. Held: Rental payments were not deductible to the extent that they exceeded the amount allowed by R. Held, further, the residence occupied by P’s sole shareholder was used in P’s business for purposes of sec. 167, I.R.C., and hence, depreciation may be deducted by P. F. Pen Cosby, for petitioner. Ronald T. Jordan, for respondent.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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