Southern Boiler Sales & Service, Inc. - Page 5

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          and other residents, the overall appearance of the neighborhood             
          was that of a residential community.                                        
               The record does not establish how much rent petitioner                 
          (and/or No. 2) actually paid the Berrys for leasing the                     
          property.1                                                                  
               The firm of A & F Bookkeepers (A & F) prepared the corporate           
          tax returns of petitioner and No. 2 for the years at issue.                 
          Petitioner provided A & F with check stubs, bank statements, and            
          other paperwork in order for it to perform these functions.  The            
          owner of A & F, Bill Anderson, held himself out as a public                 
          accountant.  No representative of A & F appeared or testified at            
          the trial or provided any other evidence.                                   
               Petitioner filed Federal corporate income tax returns for              
          its taxable years ending July 31, 1989, and July 31, 1990,                  
          reporting the following:                                                    
               Item                FYE 7-31-89     FYE 7-31-90                        
               Gross Receipts      $614,178      $513,413                             
               Costs of Sales      (210,441)      (85,457)                            
               Interest Income     1,335          1,750                               
               Other Deductions    (67,269)       (80,552)                            
               Rental Expense      (15,600)       (14,979)                            
               Depreciation        (16,851)       (18,399)                            

          1  As an attachment to respondent's trial memorandum, there                 
          is a "Schedule of Rent Paid to Shareholder".  That schedule was             
          never authenticated or offered into evidence and thus is not part           
          of the evidentiary record of this case.  There is no evidence in            
          the record to support the ex parte statements contained in that             
          schedule or in respondent's post-trial brief.  However, the Court           
          deems respondent to have conceded that petitioner and No. 2 paid            
          the Berrys at least the amounts of rental expense allowed by                
          respondent in the notice of deficiency, $8,400 and $8,979 for FYE           
          7-31-89 and FYE 7-31-90, respectively.                                      



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