- 12 - And third, we reject petitioners' argument that numerous business reasons and corporate meetings demonstrate that there was a valid lease between GRC and petitioners. For example, Mr. Spera cited numerous business reasons for the relocation of GRC's refinery operations to include: Rental and utility costs incurred by GRC for the business premises located in Hempstead, New York, were extremely high relative to rental and utility costs in other areas in New York outside of the New York metropolitan area; and GRC could operate much more efficiently and profitably by moving to an upstate New York location. However, for the years at issue and thereafter, GRC continued to pay rent for the Hempstead Building. Mr. Spera testified that this fact is not inconsistent with the stated business purpose; but instead naturally arises from the fact that the completion of the Ashland Building was delayed due to a severe economic downturn in GRC's business. We do not assign any weight to petitioners' argument. Although GRC's gross receipts declined from the taxable year ended July 31, 1988, to taxable year ended July 31, 1994, GRC's gross profits and taxable income increased significantly. Mr. Spera's proffered business reasons are 4(...continued) to find that these payments were indeed payment of taxes under the terms of the lease. GRC's Federal income tax returns do not reflect a corresponding deduction for real estate taxes paid, and petitioners have not demonstrated that GRC's deductions for rent paid include payment of taxes on the Ashland Building.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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