Wy'East Color, Inc. An Oregon Corporation - Page 29

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          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.                  




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