- 21 - Respondent contends that the sublease provision of the Second Lease requires MCA to remit to the Museum 25 percent of its profits derived from any sublease of FGA, and thus the rent is being calculated, in part, based on a percentage of MCA's profits from FGA. Moreover, respondent asserts that, in 1988, amounts were remitted to the Museum as a result of a Budweiser- sponsored event, and those amounts were in fact calculated under the sublease provisions of the Second Lease. At the outset, we note that certain rules related to real estate investment trusts are made applicable to the determination of what amounts constitute rent from real property. Sec. 1.512(b)-1(c)(2)(iii)(b), Income Tax Regs. Pursuant to section 1.856-4(b)(3), Income Tax Regs., where the rent received under a lease consists of both a fixed amount and an amount based on the income or profits of the lessee, then none of the amounts received qualify as "rents from real property". However, where the amount received under such a lease includes only the fixed portion of the rent, then that amount qualifies as "rents from real property". Id. The evidence indicates that the only inclusion under the sublease clause occurred in 1988. Consequently, only the rent paid in 1988 may be subject to UBIT under this theory. As outlined supra, respondent's argument focuses on the sublease provision of the Second Lease, which requires MCA to remit 25 percent of the profits derived from a sublease of FGA.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011