Raymond R. Weigel - Page 9

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               In evaluating a leasing arrangement between a taxpayer and             
          his wholly owned corporation, we must consider not only the lease           
          itself, but also the testimony of witnesses and the surrounding             
          circumstances.  Cf. Stinnett v. Commissioner, 54 T.C. 221, 233              
          (1970) (explaining that many factors are reviewed by a court in             
          determining if a lease is for a specified or indefinite term).              
          Petitioner testified that the premises were purchased solely with           
          the intent of leasing a portion to Goshorn.  We find it probative           
          that Goshorn did lease these premises for many years, up until              
          the time it was forced out of business for financial reasons.               
          Further, the nature of the improvements indicates that they were            
          made for the long-term benefit of Goshorn's business.  Given the            
          testimony and the surrounding circumstances, we believe peti-               
          tioner intended that the leasing arrangement with Goshorn would             
          continue for an extended duration.                                          
               The facts herein are more in the mode of Bardes v. Commis-             
          sioner, 37 T.C. 1134 (1962).  The taxpayer in Bardes leased real            
          property to his closely held corporation, and that corporation              
          constructed a building costing $848,184 on the taxpayer's land.             
          Id. at 1141.  We held that the improvements made by the corpora-            
          tion did not result in dividend income to the taxpayer.  Id. at             
          1149.                                                                       
               Like the taxpayer in Bardes, petitioner here has leased the            
          land to his wholly owned corporation under commercially reason-             
          able terms.  The rent was established at an amount commensurate             




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