Randy L. and Julie J. Wysong - Page 13

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          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 leased                  





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