- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011