Michael A. McGrath and Frances Y. McGrath - Page 20




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          deduction represented what petitioners thought was the cost of              
          the improvements.13                                                         
               On brief, petitioners proposed the following findings of               
          fact:                                                                       
               8.  The petitioners were granted six months rent-free use of           
               the retail space at The Mall at Barnes Crossing as a                   
               condition of Articles IV and V of their lease agreement in             
               consideration for costs incurred by the petitioners in the             
               build-out of the retail space. * * *                                   
               9.  The petitioners performed $127,067 of work on the                  
               retail space at The Mall at Barnes Crossing, and                       
               $18,739 of those expenditures were in lieu of rental                   
               payments to be made equally over a six month period by                 
               the petitioners.  Those rental payments were for the                   
               period of December 1995 through May 1996.                              
               On opening brief, petitioners state, in pertinent part, as             
          follows:                                                                    
                    The petitioners received, from their lessor,                      
               credit equal to 6 months rent as consideration for the                 
               permanent improvements made to the lessor’s real                       
               property.  Upon the completion of the first 6 months of                
               occupancy, the petitioners commenced paying full rent,                 
               with no additional consideration for the improvements                  
               made.                                                                  
               On answering brief, petitioners state, in pertinent part, as           
          follows:                                                                    
                    The petitioners received, from their lessor,                      
               credit equal to 6 months rent as consideration for the                 
               permanent improvements made to the lessor’s real                       
               property.  Upon the completion of the first 6 months of                
               occupancy, the petitioners commenced paying full rent                  
               on the improved property, as if the improvements had                   
               been paid for by the lessor, with no additional                        

               13  The parties agree, and we have found, that the cost of             
          the Improvements was $127,067, not $103,388.                                





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