- 8 - Murray used petitioner's property as his principal residence. Accordingly, in deciding this issue we first consider whether the rent charged Murray reflects a fair rental for the property. 1992 Activity Petitioner testified that she had a written agreement defining the rental terms with Murray, and that his girlfriend and child lived in the house until January 1993. Petitioners did not, however, produce the rental agreement at trial. Furthermore, petitioners did not report any income or expenses with respect to this activity on their 1992 return, or provide any business records or other evidence to substantiate receipt of the rental amounts. Finally, petitioners did not call Murray or his girlfriend to verify that they rented the house according to the terms petitioner alleges. Petitioner husband testified that petitioner spent considerable time preparing the house for her brother to rent, that he overheard the amount of rent that petitioner and Murray agreed upon, and that it was his understanding that petitioner did receive the rent on a regular basis. Conversely, petitioner husband testified that he was not involved in anything to do with the property, that he was uncertain of when Murray moved in or out, and that he visited the house once while Murray was there but he was uncertain when that was.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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