Jung Sik Lim & Bok S. Lim - Page 6

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          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.                                                                      




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