- 9 - preponderance of the evidence rather than on an allocation of the burden of proof. With respect to the White Rock Road, Roseville Road, and Mosquito Road properties, only petitioner introduced direct evidence regarding fair market rental value. In lieu of offering evidence, respondent asks us to infer that the rents on these properties were overstated in the same overall proportion as the rents on the other three properties. We decline to do so. As discussed infra, petitioner has established by a preponderance of the evidence that the rents paid on these properties did not exceed their fair market rental values. II. Fair Market Rental Value of the Properties In his notice of deficiency, respondent disallowed petitioner’s rental deductions, in the gross amounts shown on the following table, with respect to the six properties under review: 1996 1997 Total Rent claimed $304,800 $327,700 $632,500 Rent disallowed by respondent (203,600) (211,620) (415,220) Rent allowed by respondent 101,200 116,080 217,280 Respondent determined that the excess rents petitioner paid constituted disguised dividends. Respondent claims that petitioner’s purpose in disguising the dividends as rentalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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