Michael A. McGrath and Frances Y. McGrath - Page 3




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               improvements to property they leased (as “tenant”) to                  
               operate a bakery.                                                      
                    (2)  Whether petitioners may elect to expense section             
               179 property they placed in service in 1995 and 1996.                  
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated; the stipulations and           
          the stipulated exhibits are incorporated herein by this                     
          reference.                                                                  
               Petitioners, Michael A. McGrath (hereinafter sometimes                 
          referred to as Michael) and Frances Y. McGrath, resided in                  
          Slidell, Louisiana, when they filed the petition in the instant             
          case.                                                                       
               In 1995 petitioners executed three agreements relevant to              
          the instant case: (1) A lease (hereinafter sometimes referred to            
          as the Lease), (2) a T.J. Cinnamons Unit Franchise Agreement                
          (hereinafter sometimes referred to as the Franchise Agreement),             
          and (3) a Standard Form of Agreement Between Owner and Contractor           
          (hereinafter sometimes referred to as the Construction                      
          Contract).3                                                                 



               3  So stipulated.  Both the Franchise Agreement and the                
          Construction Contract show only Michael’s name and signature,               
          while the Lease shows the names and signatures of both                      
          petitioners.  The Schedule C, Profit or Loss From Business, on              
          petitioners’ 1995 tax return shows only Michael as proprietor,              
          while the 1996 tax return Schedule C shows both petitioners as              
          proprietor.  The parties do not appear to believe that any issue            
          in the instant case is affected by whether the business was owned           
          solely by Michael or was owned jointly by both petitioners.                 




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