Ronald P. Barranti and Stephanya M. Barranti - Page 9

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               On the evidence presented, we cannot find that petitioner              
          received $500 in cash, plus the cost of utilities, for rent                 
          during the relevant months of 1992.  Petitioner has failed to               
          prove that Murray paid her any rent in the form of cash.                    
          However, petitioner testified that she and Murray agreed that in            
          addition to paying cash rent, Murray would pay rent by making               
          certain repairs and by maintaining the property during his                  
          occupancy.  It is well settled rent paid in the form of services            
          rather than cash does not prevent the arrangement from                      
          constituting a rental of the property.  McBride v. Commissioner,            
          50 T.C. 1, 8 (1968); see also sec. 1.61-2(d)(1), Income Tax Regs.           
          Thus, we consider whether the value of Murray's services was                
          equal to a fair rental for the property.                                    
               The exclusive broker agreement that petitioner signed with             
          Cornish & Carey describes the property as "well maintained" with            
          a yard that is "manicured".  Furthermore, Charlene Chanteloup,              
          the listing sales agent for Cornish & Carey, testified that "the            
          garden was lovely", "well maintained", and in "very, very nice              
          condition", and that the property, including the interior of the            
          house, was in very good condition.  On the evidence presented, we           
          are satisfied that the repair and maintenance work was actually             
          performed.                                                                  
               At trial, petitioners presented expert witness testimony as            
          to the fair market rental value of the property.  Expert witness            





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