Howard Howe and Janice Howe - Page 5




                                         - 5 -                                        
          property.  See Southwestern Hotel Co. v. United States, 115 F.2d            
          686, 688 (5th Cir. 1940); Main & McKinney Bldg. Co. v.                      
          Commissioner, 113 F.2d 81, 81-82 (5th Cir. 1940), affirming a               
          Memorandum Opinion of this Court; Baton Coal Co. v. Commissioner,           
          51 F.2d 469, 470 (3d Cir. 1931), affg. 19 B.T.A. 169 (1930);                
          Grynberg v. Commissioner, 83 T.C. 255, 268-269 (1984); University           
          Properties Inc. v. Commissioner, 45 T.C. 416, 421 (1966), affd. 378         
          F.2d 83 (9th Cir. 1967); sec. 1.162-11(a), Income Tax Regs.                 
          However, we have held that a cash-basis taxpayer may deduct prepaid         
          items when paid, including rent, if the taxpayer paid the rent              
          (i.e., did not make a mere deposit), had a “substantial business            
          reason for making the prepayment in the year” it was made, and the          
          prepayment did not “cause a material distortion in the taxpayer’s           
          taxable income in the year of prepayment.”  See Grynberg v.                 
          Commissioner, supra at 265-266.2  Petitioners contend that                  
          petitioner had a substantial business reason for prepaying the rent         
          in 1992.                                                                    
               2.   Whether Petitioner Had a Substantial Business Reason To           
                    Prepay Rent in 1992                                               
               Petitioner testified and contends that he prepaid rent in 1992         
          to induce the landlord to agree to a below-market lease rate and to         

               2  We have also held that an accrual basis taxpayer may                
          deduct prepaid items that do not create a future benefit that is            
          more than incidental.  See USFreightways Corp. v. Commissioner,             
          113 T.C. 329, 333 (1999).  Petitioners do not contend that the              
          prepayment of rent did not create a future benefit that is more             
          than incidental.                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011