- 17 - In the Federal partnership return that Partnership filed for 1988, it did not accrue any rent under the lease agreement. OPINION Petitioner bears the burden of proving that respondent's determinations in the FPAA are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). On brief, the parties agree that the lease agreement is a section 467 rental agreement, as defined in section 467(d), and that therefore Partnership is subject to section 467. Section 467 provides in pertinent part: (b) ACCRUAL OF RENTAL PAYMENTS.-- (1) ALLOCATION FOLLOWS AGREEMENT.--Except as provided in paragraph (2), the determination of the amount of rent under any section 467 rental agreement which accrues during any taxable year shall be made-- (A) by allocating rents in accordance with the agreement, and (B) by taking into account any rent to be paid after the close of the period in an amount determined under regulations which shall be based on present value concepts. (2) CONSTANT RENTAL ACCRUAL IN CASE OF CERTAIN TAX AVOIDANCE TRANSACTIONS, ETC.--In the case of any sec- tion 467 rental agreement to which this paragraph applies, the portion of the rent which accrues during any taxable year shall be that portion of the constant rental amount with respect to such agreement which is allocable to such taxable year. (3) AGREEMENTS TO WHICH PARAGRAPH (2) APPLIES.-- Paragraph (2) applies to any rental payment agreement if-- (A) such agreement is a disqualifiedPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011