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We find the total value of Murray's repair and maintenance
work performed from May to December 1992 to be $2,540,2 or $318
per month. This amount is substantially less than the $700 to
$750 that petitioner determined as the fair market rental value
of her property.
1993 Activity
Petitioners reported $3,000 on Schedule E as the amount of
cash rent they received during 1993. Petitioner testified that
Murray lived in the house from January through June 1993.3 Thus,
petitioners received at most $555 of rent in cash and services
($500 cash plus $55 in value for Murray's gardening service) each
month, which is substantially less than the fair market rent
determined by petitioner.
2This amount is the sum of the estimated values of the
following repairs:
Repair fence $300
Repair storage shed 300
Repair plumbing 300
Repair awning 500
Paint interior 500
Gardening service
($55/month for 8 months) 440
Replace plants 200
Total $2,540
3At trial, respondent introduced evidence that cast doubt on
whether Murray occupied petitioner's property during 1993. This
evidence is a page of the contract with Cornish & Carey, signed
and dated by petitioner, which describes the property as vacant
with access by keybox. We are satisfied, however, that Murray
did occupy the property during the relevant time period, and that
his agreement with petitioner was that he would move out as soon
as the property was sold.
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