- 6 - that there was a valid rental agreement between petitioners and the liquor business, then respondent agrees that petitioners would be entitled to interest and/or depreciation deductions on Schedule E or Schedule A, as appropriate. Petitioners concede that they failed to report, as income, the payments made by the liquor business on the real property and that they failed to claim any interest (personal or business) or depreciation deduction to which they may be entitled. The parties agree that if we decide that petitioners are entitled to deduct the business interest, petitioners would be entitled to an overpayment to be computed by the parties.4 3(...continued) activity, and related matters, the parties agreed that if we decide that Volm’s and petitioners had a valid business rental arrangement, then petitioners will be entitled to an overpayment to be computed by the parties. If we decide otherwise, petitioners will not be entitled to an overpayment or be liable for a deficiency. Accordingly, the parties agreed at trial that the sole determinant to deductibility lies in the answer to the question of whether petitioners and the liquor business had a landlord and tenant relationship and whether rent was paid. 4 We note that the parties’ arguments were cryptic and difficult to follow. For example, even though respondent agreed that the outcome of this case depended solely on the whether a rental relationship existed between petitioners and the liquor business, respondent argued that the limitations of sec. 163(d) would apply to petitioners’ interest payments on the Branch property. Because of the manner in which the issue was posed by the parties and the limited scope of our inquiry, we must assume that respondent agrees that sec. 163 would not limit petitioners’ deduction if we decide the issue, as framed, in petitioners’ favor.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011