Robert W. and Lila L. Blewett - Page 5




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          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 that           






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