- 28 - carpeting. The credits are described in the statements as reimbursements for carpet costs. In addition, Peter responded as follows to his attorney's question at trial: Q The scheduled rent -- monthly rent payments that were scheduled under the lease -- you reached an agreement with them that the scheduled rent payments would be reduced or eliminated until they recouped back the cost that they laid out for the carpet? A That's -- in essence, that's correct. Notwithstanding the foregoing, petitioners argue that the amounts incurred by Blockbuster provided no economic benefit to REE and TNE and therefore do not constitute gross income to REE and TNE because Blockbuster is the owner of the carpeting pursuant to oral agreements. Peter's self-serving testimony on this matter was indefinite and corroborated only by a letter, dated 2 years after the carpeting was installed, from a Blockbuster representative who stated that "to the best of [his] actual knowledge" that Blockbuster owns the carpeting in its video stores. The letter does not refer to REE, TNE, or the oral agreements under which petitioners argue that Blockbuster claims ownership of carpeting. This letter has little, if any, probative value with respect to REE's and TNE's cases. Under the circumstances of these cases, we find that the carpeting constitutes improvements to the real properties ownedPage: 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