Maschmeyer's Nursery Inc. - Page 2

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                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               LARO, Judge:  This case is before the Court on the petition            
          of Maschmeyer’s Nursery, Inc., to redetermine deficiencies and              
          accuracy-related penalties determined by respondent as follows:             
                                                     Penalty                          
               Year           Deficiency            Sec. 6662(a)                      
               1989           $47,284                  $9,457                         
               1990           47,762                   9,552                          
               1991           43,777                   8,755                          
               The issues for decision are:  (1) Whether annual payments              
          made by petitioner to its sole shareholder and his wife under a             
          lease of undeveloped land are deductible by petitioner as rent to           
          the extent that they exceed $65,000; (2) whether improvements to            
          a residence located on petitioner’s premises and used by its sole           
          shareholder qualify as property used in a trade or business for             
          which depreciation deductions claimed by petitioner are                     
          allowable; and (3) whether petitioner is liable for accuracy-               
          related penalties under sections 6662(a) and (b)(1).1                       
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and are so found.              
          The stipulations and attached exhibits are incorporated herein by           
          this reference.  Petitioner is an Indiana corporation with its              


               1 All section references are to the Internal Revenue Code in           
          effect for the years at issue and all Rule references are to the            
          Tax Court Rules of Practice and Procedures.                                 




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