Richard J. and Carol C. Spera - Page 12

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               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.                      




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