- 13 - Wysong Medical's share of the utilities was factored into its rent payment. And finally, in 1992 and 1993, Wysong Medical deducted $70,000 and $48,309, respectively, for "commissions" and "contract work" expenses. Ms. Hubbard testified that the $70,000 deduction for "commissions" was for contract labor performed by employees of Wysong Corp. This undercuts petitioners' argument that Wysong Medical's rent payments included a premium for the use of Wysong Corp.'s employees. Petitioners further argue that the rent payment included a premium for access to, and not the use of, Wysong Corp.'s employees. This argument lacks merit. It is well-settled law that a deduction claimed for rent is only allowable where the payment is actually made for rent and not for something else in the guise of rent. Mackinac Island Carriage Tours, Inc. v. Commissioner, 419 F.2d 1103, 1105 (6th Cir. 1970); Place v. Commissioner, 17 T.C. at 203; American Metal Prods. Corp. v. Commissioner, 34 T.C. 89, 105 (1960), affd. 287 F.2d 860 (8th Cir. 1961) ("To the extent * * * [payments were not made for rent], such payments would not be ordinary and necessary and therefore would not be deductible as rental expenses"). Rejecting petitioners' arguments as to square footage, property, and services not identified in the lease agreements, we now turn to the parties' remaining arguments for and against the reasonableness of the rent. Neither party presented expert testimony to establish the fair rental value of the leasedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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