Steven D. and Teresa M. Kucera - Page 12




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          the appropriate tax treatment of those rights.  See United States           
          v. National Bank of Commerce, 472 U.S. 713, 722 (1985).  The                
          agreements at issue were executed within the State of Nebraska by           
          residents of Nebraska for the lease of property located in                  
          Nebraska.  We thus look to Nebraska law to determine the nature             
          of the property rights created by the agreements.                           
               Four lease agreements between the PC and the 1203                      
          Partnership were executed from May 1, 1986, to May 1, 1993.  Each           
          of the documents is a complete agreement entitled “Real Estate              
          Lease” and covers all material terms of the lease.  Each of the             
          agreements provides for a specified rental term of 1 year                   
          beginning on the date the agreement was executed and contains a             
          provision that the lease is “to be automatically renewed year to            
          year”.                                                                      
               Many states recognize a distinction between an extension and           
          a renewal of a lease.  See 51C C.J.S., Landlord and Tenant, sec.            
          54b, at 164 (1968); 49 Am.Jur.2d, Landlord and Tenant, sec. 141             
          (1995).  In such states, an extension creates on its own force an           
          additional term, and the same lease continues in force during the           
          additional period.  See 51C C.J.S., Landlord and Tenant, sec.               
          54b, at 164 (1968); 49 Am.Jur.2d, Landlord and Tenant, sec. 141             
          (1995).  In contrast, a renewal requires the execution of a new             
          lease and is regarded as a separate contract.  See 51C C.J.S.,              
          Landlord and Tenant, sec. 54b, at 164 (1968); 49 Am.Jur.2d,                 






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