Wy'East Color, Inc. An Oregon Corporation - Page 15

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          petitioner obtained a revocable permit to use the property as a             
          photo processing lab as the tenant of the American Red Cross.               
          Petitioner paid all the expenses required to obtain the revocable           
          permit.                                                                     
               Mr. Cummings sublet the 4200 S.W. Corbett St. property to              
          petitioner before the years in issue.  Petitioner spent about               
          $1,000,000 to adapt the property for its use.  Petitioner paid              
          for insurance, maintenance, utilities, and other similar costs.4            
               Petitioner paid rent of $216,000 to Mr. Cummings for fiscal            
          year 1989, $250,000 for 1990, and $264,000 for 1991.                        
               Mr. and Mrs. Cummings deducted rent of $97,975 in 1988 and             
          1991, and taxes of $64,378 for 1988 and $90,626 for 1991.  Mrs.             
          Cummings deducted rent of $97,975 for 1989 and 1990, and taxes of           
          $61,086 for 1989 and $101,048 for 1990.  In 1994, Mr. Cummings              
          paid about $100,000 to repair the roof and dry rot damage and to            
          remove an oil tank.                                                         




               4 Petitioner contends that Blackstone paid real property               
          taxes for the 4200 S.W. Corbett St. property.  Petitioner relies            
          on Exh. 20, which consists of copies of checks written by The               
          Blackstone Co. from Feb. 14, 1989 to Nov. 14, 1991, and a memo to           
          the file from petitioner's counsel dated Oct. 3, 1994, pertaining           
          to tax accounts associated with particular pieces of property.              
          Petitioner did not provide Exh. 20 to respondent in the time                
          required by the Court's standing pretrial order.  The parties               
          stipulated that the information in the exhibit pertaining to tax            
          accounts for the particular pieces of property is based on                  
          inadmissible hearsay.  Thus, we do not consider Exh. 20.                    




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