- 65 - negotiation between the two warring brothers.57 Under these circumstances, this is the best indication of the intent of the parties and the value of the use of the property at that time. Helba v. Commissioner, 87 T.C. 983 (1986), affd. without published opinion 860 F.2d 1075 (3d Cir. 1988); see Zirker v. Commissioner, 87 T.C. 970 (1986). Furthermore, the “excess rent” ERG paid pooled money in NPI, which as we later discuss, was used for the Benson family’s economic benefit. Accordingly, we find and hold that Burton had constructive dividend income of $40,067, $46,560, and $63,444 in 1990, 1993, and 1994, respectively. 8. ERG Payments to NPI for Rent on Lowell Plant In the unbundling agreement the brothers agreed to enter into an 8-year lease with respect to the Lowell plant, which was to provide that Glendon would pay NPI $2,000 per month. In 1988, a confirming commercial lease was prepared but not executed. This lease agreement was for a term of 8 years to commence in March 1988 and provided for a rental payment by “Acker [sic] Industries, Inc.” of $2,000 per month. During the years at issue, neither Glendon nor Aker paid rent to NPI for use of the Lowell plant.58 Instead, ERG paid 57Respondent requested the Court to find that the unbundling agreement was “the result of intense arm’s-length bargaining”. Petitioners failed to object to this requested finding. 58Glendon explained why he failed to pay rent: (continued...)Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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