Gregory H. and Elizabeth A. Price - Page 11




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          597 (1948); Rev. Rul. 67-407, 1967-2 C.B. 59; 1 Mertens, Law of             
          Federal Income Taxation, sec. 5.06, at 16 (1999 rev.).                      
               The evidence is sufficiently clear that the funds received             
          in 1989 and 1990 relating to leasehold improvements to buildings            
          in which Stores 5 and 6 operated under short-term leases were               
          received by the partnership and by petitioner in reimbursement              
          for capital expenditures made to the buildings owned by the                 
          landlords.  As such, these funds do not constitute taxable income           
          to the partnership or to petitioner.  See Suwalsky, 47-5th T.M.,            
          Real Estate Leases and Improvements, A-22 to A-26 (July 6,                  
          1998).3                                                                     

          Depreciation Recapture Income                                               
               In June of 1989, the partnership opened Store 5.  Throughout           
          the years in issue, the partnership purchased videos that Store 5           
          owned and rented to customers.                                              
               On May 1, 1991, for a stated sales price of $200,000, the              
          partnership sold Store 5 and the videos associated with Store 5.            
          The partnership's total cost basis in the assets of Store 5                 
          equaled $288,239.  The sale took the form of an installment sale            



          3    Generally, under sec. 110, for leases entered into after               
          Aug. 5, 1997, funds received by tenants in reimbursement from               
          landlords for improvements to certain buildings leased under                
          short-term leases are treated as nontaxable income to the                   
          tenants.                                                                    




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