Hunt & Sons, Inc. - Page 31




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          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 Wichita                 






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