- 9 - additional property and services to Wysong Medical that were not explicitly mentioned in the lease agreements. First, petitioners argue that there was a mistake in the 1992 and 1993 lease agreements; that the parties did not intend to limit Wysong Medical's use of the Eastman Building to the square footage identified in the agreements and that in fact Wysong Medical's use of the Eastman Building was not so limited. Petitioners contend that during 1992 Wysong Medical used approximately one- half of the Eastman Building for its research and development activities, and, given the Eastman Building's square footage subsequent to the warehouse expansion (approximately 25,000 square feet) and respondent's determination that $13 a square foot was reasonable rent, the rent paid by Wysong Medical was significantly less than the $162,500 fair rental value (25,000 divided by 2, times $13). Petitioners argue alternatively that one-half of the original building size, approximately 13,500 square feet divided by 2, still establishes that the rent paid by Wysong Medical during 1992 was reasonable to the extent of $87,750 (6,750 times $13). Petitioners reduce the aforementioned calculations by half for 1993 to reflect a claimed 50-percent decrease in Wysong Medical's research and development activities for that year. Second, petitioners argue that the amount of rent was reasonable in light of the fact that Wysong Corp. furnishedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011