- 22 - the main house) was $1,872.7 Respondent determined that the fair market rent of decedent's interests totaled $16,595, and that the difference between actual rent charged and fair market rent constituted a taxable gift.8 It is conceded that Coastal Ranches paid property taxes and other expenses in connection with its leases of decedent’s ranch properties. Dean testified that Coastal Ranches paid all the property taxes, insurance, and maintenance (collectively, the property expenses) on all the fences and ranch buildings. However, petitioner was not able to establish the amounts of those expenditures.9 Petitioner argues that the Court should estimate the amounts of the property expenses paid pursuant to the leases and thereby find that decedent charged a fair market rent. See Cohan v. 7The difference between the sum of these figures, $16,597, and the figure used in the notice, $16,595, is unexplained. 8The parties stipulated that decedent rented the ranch lands, in toto, to Coastal Ranches for $5,000 in 1989, $5,000 in 1990, and $10,000 in 1991. 9Petitioner failed to share the salient documents with respondent's counsel 15 days before trial, as required by the Court's Standing Pre-Trial Order. Respondent objected to a question put to Dean regarding the amounts of property-related expenses, on the grounds that the records themselves were the best evidence of the expenses. We sustained the objection. Because the records had not been exchanged 15 days before trial as required by the Court's Standing Pre-Trial Order, we also sustained respondent's objection to petitioner's introduction of the records themselves into evidence.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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