Hunt & Sons, Inc. - Page 10




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          expenses was to avoid the corporate income tax by converting                
          nondeductible dividends into deductible rental expenses.                    
               Section 162(a)(3) allows as a deduction all ordinary and               
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business, including “rentals or other              
          payments required to be made as a condition to the continued use            
          or possession, for purposes of the trade or business, of                    
          property”.  In determining whether the payments here in issue               
          were rental payments deductible under this section, the “basic              
          question is * * * whether they were in fact rent instead of                 
          something else paid under the guise of rent.”  Place v.                     
          Commissioner, 17 T.C. 199, 203 (1951), affd. per curiam 199 F.2d            
          373 (6th Cir. 1952).  In connection with a lease between related            
          parties, the inquiry “requires a careful examination of the                 
          circumstances surrounding the rental of the property to determine           
          the intentions of the parties in agreeing upon * * * [the] lease            
          and in fixing the terms thereof.”  Davis v. Commissioner, 26 T.C.           
          49, 56 (1956).  The question whether payments are rental payments           
          within the meaning of the statute is a question of fact to be               
          resolved on the basis of all the facts and circumstances.  Thomas           
          v. Commissioner, 31 T.C. 1009, 1012 (1959); S. Ford Tractor Corp.           
          v. Commissioner, 29 T.C. 833, 842 (1958).                                   










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