- 18 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011