- 11 - 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,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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