- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011