- 6 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011