- 19 - The Lease does not show that petitioners and TUP 130 intended to treat the entire cost of the Improvements as a rent substitute. The Lease contains provisions which give petitioners a rent holiday for the first 6 months after the day the Bakery was first opened for business to the public; these provisions underlie the parties’ stipulation as to the $18,739. Beyond these provisions, however, the Lease is silent as to whether petitioners and TUP 130 intended to treat the remaining cost of the Improvements as a rent substitute. The surrounding circumstances also do not show that petitioners and TUP 130 intended to treat the cost of the Improvements as a rent substitute beyond the 6-month rent holiday. Rather, petitioners’ 1995 tax return, certain of petitioners’ proposed findings of fact and statements on brief, and a portion of Michael’s testimony belie petitioners’ contention that they should be allowed to deduct the cost of the Improvements under section 162(a)(3) as rent expense. Petitioners did not report any rent or lease expenses on the Schedule C attached to their 1995 tax return. Petitioners claimed a deduction of $103,388 for “repairs and maintenance” on the Schedule C attached to the 1995 tax return; the $103,388Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011