Eli T. Sleiman, Jr. and Janie L. Sleiman, et al. - Page 28

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          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 owned             




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