Hunt & Sons, Inc. - Page 6




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          paid fair market rental value for the other properties (Mosquito            
          Road, Roseville Road, and White Rock Road).                                 
                              ULTIMATE FINDINGS OF FACT                               
               1. Petitioner paid the following amounts to its                        
          shareholders in excess of the fair rental value of the                      
          properties:                                                                 
                  Property           1996         1997   Total                        
                  Watt Avenue      $30,300   $30,300       $60,600                    
                  Fee Drive        --           5,600      5,600                      
                  Total            30,300    35,900        66,200                     
          Petitioner paid fair market rental value for the other cardlock             
          properties.                                                                 
               2.  Petitioner’s payments in excess of the fair market                 
          rental value of the properties are not deductible in computing              
          taxable income.                                                             
               3.  Petitioner was not negligent in deducting rent in excess           
          of the fair market rental value of the Watt Avenue and Fee Drive            
          properties.                                                                 
                                       OPINION                                        
               The parties agree that potential for abuse is inherent in              
          rental transactions between a corporation and its shareholders.             
          As we stated in Wy’East Color v. Commissioner, T.C. Memo.                   
          1996-136:                                                                   
                  A taxpayer generally may deduct reasonable rents                    
               paid for property used in a trade or business.  A                      
               taxpayer who rents property from a related person may                  
               not deduct more than he or she would have paid if the                  





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