- 41 - ers’ Schedule C gross receipts for 1995 by an additional $5,100. Petitioners dispute that determination. In support of their joint return position with respect to the $5,100 of Loomis residence monthly payments, petitioners contend, inter alia: “As the funds from Olin were conditional on the rental of Petitioners’ home and the amount of those funds were [sic] determined by the amount of rent the tenant paid, the funds should be characterized as rental income.” On the record before us, we reject petitioners’ contention. The fact that the Loomis residence monthly payment was agreed to in the Marion plant/Palmer consulting agreement because petition- ers were renting their Loomis residence while Mr. Palmer was consulting at the Marion plant does not require us to accept petitioners’ contention that the Loomis residence monthly payments in question constitute rent. Nor does the fact that the amount of the Loomis residence monthly payment was determined as the approx- imate difference between (1) the monthly rent that petitioners were to receive on their Loomis residence throughout the period during which Mr. Palmer was consulting at the Marion plant and (2) the total amount of monthly mortgage, insurance, and mainte- nance expenses that they were to pay on that residence throughout that period require us to accept that contention. In order to resolve the question presented with respect to the $5,100 of Loomis residence monthly payments in question, wePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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