Richard D. Nelson - Page 19




                                               - 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 and                              






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