- 29 - premises it rents from related persons. Coe Lab., Inc. v. Commissioner, 34 T.C. 549, 585-586 (1960). We closely scrutinize whether rents exceed fair rental value if the lessor and lessee are related. B. Forman Co. v. Commissioner, 453 F.2d 1144 (2d Cir. 1972), affg. in part and revg. in part 54 T.C. 912 (1970); Sparks Nugget, Inc. v. Commissioner, supra; Limericks, Inc. v. Commissioner, supra. Fair rental value is a question of fact. Utter-McKinley Mortuaries v. Commissioner, 225 F.2d 870, 872-873 (9th Cir. 1955), affg. a Memorandum Opinion of this Court;5 Mark R. Switz, Inc. v. Commissioner, T.C. Memo. 1979-162.6 Petitioner bears the burden of proof. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). 3. Rental From American Red Cross by Mr. Cummings A price chosen after arm’s-length bargaining close to the time of the valuation date is the best evidence of value. Estate 5 In Utter-McKinley Mortuaries v. Commissioner, 225 F.2d 870 (9th Cir. 1955), affg. a Memorandum Opinion of this Court, the controlling stockholder leased the premises from a third party. The taxpayer corporation then sublet the premises and paid rent to the controlling stockholder that was three to four times as much as the controlling stockholder paid to the third party lessor. We held that the taxpayer corporation may not deduct the increased amount of rent because there was no business purpose for paying increased rent. The U.S. Court of Appeals for the Ninth Circuit affirmed our decision. 6 In Mark R. Switz, Inc. v. Commissioner, T.C. Memo. 1979- 162, Mark Switz (Switz) controlled the taxpayer-corporation. He leased property from a third party at a reasonable rental rate. He sublet the property to the taxpayer-corporation for more than twice that rate. We disallowed the deduction for rent to the extent it exceeded the rent Switz paid to the third party.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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