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directors of BMS are all members of the PC, but the officers and
directors of BMS are not the same as those of the PC.
For all relevant years, the PC’s business has been located
in the 1203 office building pursuant to a lease between the PC
and the 1203 Partnership. BMS’s business also has been located
in the 1203 office building pursuant to a lease between BMS and
the 1203 Partnership. The spaces occupied by the PC and BMS
within the 1203 office building are separate and distinct.
On May 1, 1986, the PC and the 1203 Partnership executed a
document entitled “Real Estate Lease”. The document states that
the owner of the leased property is the 1203 Partnership and that
the tenant is Larsen, Schroeder & Associates, PC.1 The leased
premises are the “Office building and parking lots at 1203 West
Second Street and parking lot at 1219 West Second Street, * * *
excepting that portion of said building occupied by Business
Management Services.” The term of the lease is “from May 1,
1986, to April 30, 1987, to be renewed automatically year to year
on May 1”, and the monthly rental is $5,580. The lease was
signed on behalf of the 1203 Partnership by George Schroeder,
General Partner, and on behalf of the PC by Tom Larsen,
President.
1 At this time, Tom Larsen, Matt Shonsey, George Schroeder,
Bob Almquist, Bruce Schreiner, Phil Maltzahn, and petitioner were
equal shareholders of the PC.
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