- 31 - to show how the lease rents were determined, citing Duplicating Supply Co. v. Commissioner, T.C. Memo. 1993-451. In Duplicating Supply, the Court recognized that the taxpayer had the burden of establishing that it was not negligent in setting the rent for the property, as the Commissioner had determined in the notice of deficiency. The taxpayer had substantially overstated rent (charging for 1 year’s rent 44 percent of the fair market value of the property), had made no investigation of the market before setting the rent, and offered no explanation to show how the rental figure had been determined. The case at hand is easily distinguished from Duplicating Supply. The uncontradicted evidence indicates that petitioner made efforts to determine the correct rents by contacting real estate agents before setting the rents. Petitioner’s president and shareholder, Randall Dean Hunt, testified that before entering into each of the leases, he (or his father before him) asked several different brokers whether the rental rate was reasonable. Respondent argues that even though Mr. Hunt named the brokers he and his father spoke with, Mr. Hunt’s testimony was self-serving and should be disregarded because petitioner did not call the brokers as witnesses. Respondent asks us to disregard Mr. Hunt’s testimony because it is self-serving and uncorroborated by any independent witnesses, citing WichitaPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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