William J. Cutts - Page 18

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          feet � 12,700 total square feet) and the remaining 87 percent to            
          ATV for business use.                                                       
               Neither party addressed ATV’s payment of rent for the use of           
          the parking area and driveway beside and behind the main house.             
          There is no record evidence of the square footage of the parking            
          area and driveway.  Unless ATV employees carpooled to work in               
          1997, it is fair to assume all or almost all of the employees               
          drove their own cars to work, requiring at least 20 parking                 
          spaces plus the reserved spot for Mr. Cutts.  Under section                 
          132(f)(2)(B), the dollar limit for qualified parking was $165 in            
          1996 and $170 in 1997.  See Rev. Proc. 95-53, sec. 3.06, 1995-2             
          C.B. 445, 448; Rev. Proc. 96-59, sec. 3.07, 1996-2 C.B. 392, 395.           
               In absence of record evidence of the going monthly rate                
          during 1997 for outdoor parking spaces or for an outdoor parking            
          lot for 21 cars in Mobile, Alabama, we estimate, bearing heavily            
          against petitioners, whose inexactitude is of their own making,             
          the fair market rent for the parking area and driveway at                   
          Landmark Hall.  See Cohan v. Commissioner, supra.  Using the                
          qualified parking limits under section 132(f)(2)(B), and taking             
          account of the lower cost of living in Mobile, Alabama,4 and the            
          likelihood that the rent a landowner would charge a parking lot             

               4For the fourth quarter of 1997, Mobile, Ala., had a cost-             
          of-living index of 93.6, which is 6.4 points below the national             
          average of 100.  See Low Cost Living in Mobile, The View--A                 
          Monthly Business Publication for the Members of the Mobile Area             
          Chamber of Commerce, Vol. XXX, No. 5 at 2 (May 1998).                       





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