Richard D. Nelson - Page 18




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            obsolete and, instead, required that leasehold improvements be                             
            subject to the MACRS-prescribed recovery periods.  With respect                            
            to petitioner’s claim that the expenditures to convert the                                 
            facility to a bingo operation were lease acquisition costs,                                
            respondent contends that most of the expenditures were made                                
            subsequent to the time that the lease was in effect.                                       
            Furthermore, petitioner has not shown, as he is required to, that                          
            the expenditures were for lease acquisition costs, as opposed to                           
            leasehold improvements, as reported by November and determined by                          
            respondent.                                                                                
                  Accordingly, we hold that respondent’s determination that                            
            petitioner is not entitled to a 10-year recovery period is                                 
            sustained.  Further, we hold that petitioner has failed to show                            
            that November is entitled to deduct any portion of the                                     
            expenditure as a lease acquisition cost.                                                   
            Is November Entitled To Deduct the $5,500 Portion of the                                   
            $12,293.36 Monthly Payment to the Lichtys’ Entity?                                         
                  Prior to and after the settlement of the lawsuit, November                           
            and the Lichtys’ entity were obligated to pay $6,793.36 rent for                           
            use of the Chestnut property.  The note executed from petitioner                           
            and/or November to the Lichtys also called for a $5,000 monthly                            
            payment for a period of years.  After the settlement, November                             
            was required to pay to the Lichtys’ entity $12,293.36, which                               
            amount was $5,500 more than the $6,793.36 rental payment.                                  
            November claimed the $12,293.36 monthly payments as rent.                                  





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