Kenneth M. and Delores J. Hairston - Page 3




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          Hairston (the lease agreement).1  Petitioners’ equipment was                   
          essentially the same type of heavy construction equipment that                 
          also was owned directly and leased by Hairston to its end users.               
          Throughout 1995 and 1996, petitioners’ equipment was stored in                 
          and subleased from Hairston’s rental equipment storage yard,                   
          where petitioners’ equipment was commingled with Hairston’s                    
          equipment.                                                                     
               As consideration for leasing their equipment to Hairston,                 
          the lease agreement states that petitioners “may be” paid by                   
          Hairston up to 40 percent of Hairston’s basic end-user lease                   



               1  The entire lease agreement between petitioners and                     
          Hairston, Inc., provided as follows:                                           
                               EQUIPMENT LEASE AGREEMENT                                 
                    Ken and Delores Hairston may from time to time                       
               purchase equipment by check or personal bank loan and                     
               may lease that equipment to Hairston, Inc. dba A.I.M.                     
               Equipment Rental.                                                         
                    A.I.M. Rental will assume all responsibility for                     
               the leased equipment, providing insurance, collecting                     
               and paying appropriate taxes, etc.                                        
                    Ken and Delores may be paid up to 40% of the basic                   
               rental rate only (excludes tax, fuel, delivery and p.u.                   
               charges).  Repairs to maintain the equipment may be                       
               charged against the amount paid to Ken and Delores                        
               Hairston.                                                                 
                    Payments may be paid each quarter or when                            
               sufficient revenues have been collected.                                  
                    Ken and Delores will calculate and maintain                          
               records and will be responsible for loan re-payments                      
               and personal income taxes.                                                





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Last modified: May 25, 2011