- 19 - Respondent allowed the portion attributable to the rental of the Chestnut property but disallowed the $5,500 portion. Respondent argues that the $5,500 portion is a payment to the Lichtys in exchange for their interest in the operation. Under the circumstances here, the $5,500 portion of the monthly payment is not deductible rent, but it would be deductible under section 162 as an expense incurred in the operation of the bingo business. Respondent contends that the $5,500 monthly payments to the Lichtys are merely a continuation of the $5,000 monthly payments that were made on the note prior to the litigation and settlement. Again, respondent’s argument rests on the premise that petitioner was acquiring capital assets under the settlement. In these circumstances, we are not convinced that the $5,500 should be classified as capital in nature and nondeductible. As discussed in detail above, petitioner and/or November was the owner of the bingo operations on paper prior to the litigation and settlement but had an underlying agreement with the Lichtys to receive income for appearing as the owner and managing the business. The terms of the settlement do not delineate whether the $5,500 payment is in exchange for the Lichtys’ capital interest or for the Lichtys’ forbearance from interfering with petitioner’s operation of the bingo business. The Lichtys were prohibited from having an interest in the bingo operation andPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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