- 9 - petitioners. Respondent argues that the purported lease agreement between petitioners and GRC was not negotiated at arm's length, that the lease should be disregarded, and that the money GRC expended on the Ashland Building should be treated as constructive dividends to petitioners. Petitioners argue that section 109 specifically removes the expenditures at issue from the definition of gross income, and that GRC's expenditures are thereby not income to petitioners. Petitioners bear the burden of proving respondent's determination wrong. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). I. Economic Reality and The Lease Agreement As a general rule, improvements made by a lessee to a leasehold estate do not result in the realization of income by the lessor in the year of the improvement or upon termination of the lease. Sec. 109; M.E. Blatt Co. v. United States, 305 U.S. 267 (1938); Bardes v. Commissioner, 37 T.C. 1134 (1962); Weigel v. Commissioner, T.C. Memo. 1996-485. However, this rule and the case law developed thereon do not apply where the lease agreement is determined to be a subterfuge or a sham. Commissioner v. Court Holding Co., 324 U.S. 331 (1945); Jaeger Motor Car Co. v. Commissioner, T.C. Memo. 1958-223, affd. 284 F.2d 127 (7th Cir. 1960). Therefore, as an initial matter, we must ascertain whether the lease arrangement between GRC and petitioners has any economic reality and should be respected for tax purposes.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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