- 4 - was unable to lease or purchase equipment on credit. Financial institutions simply would not make any loan of any type to Highland. Highland’s continued existence depended on its obtaining equipment. Faced with this predicament, petitioner and his brother separately purchased the necessary equipment in their individual names and separately leased it to Highland. There is no dispute that petitioner and his brother were engaged in an equipment leasing activity amounting to a trade or business during the year in issue, and the record clearly supports that characterization. Respondent has not raised any questions as to whether the leasing activity was for profit, and we treat that matter as conceded by respondent. Petitioner and his brother each owned 100 percent of the equipment that he leased to Highland; none of the equipment was jointly owned. They leased the equipment exclusively to Highland. It was never used in another trade or business. Petitioners had no written rental agreement with Highland. During 1996, Highland did not pay petitioners any rent. During 1995, Highland paid rent of $69,600 and $40,091 to petitioners and Don Blewett, respectively. During 1996, Highland paid rent of $56,263 to Don Blewett and no rent to petitioners. At trial, petitioner testified that because of Highland’s poor financial condition, its rental payments to the Blewetts were irregular. In his words, “you pluck all the feathers off of thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011