- 44 - to Delaware Corporation as of August 1, 1993, or any time there- after during the years in question, the benefits and burdens of ownership of the Virginia Beach property is that Ms. Havens continued to reside at that property during those years without paying any rent.19 It is also significant that at all relevant times, including the respective effective dates of the Caroline County farm contract and the Virginia Beach property contract and all rele- vant times thereafter during the taxable years in question, petitioners did not intend that Ms. Havens transfer to Delaware Corporation equitable ownership of and legal title to the Caroline County farm and the Virginia Beach property. Indeed, 19Petitioners contend that during 1994 Ms. Havens and Mr. Barber each paid $3,600 to Delaware Corporation for the rental of the Virginia Beach property, or a total of $7,200, which they concede did not equal the annual fair rental value of that property. In support of that contention, petitioners rely on Mr. Barber’s testimony. We found such testimony to be questionable, vague, and uncorroborated, and we shall not rely on it to estab- lish that Mr. Barber paid any amount to Delaware Corporation in 1994 as rent for his use of the Virginia Beach property. More- over, Mr. Barber’s testimony on which petitioners rely does not address whether Ms. Havens paid any rent to Delaware Corporation in 1994 for her use of that property. Petitioners have not presented any evidence, and make no argument, that during the years in question Delaware Corporation received any rent for the Caroline County farm. On the record before us, we find that petitioners have failed to establish that Ms. Havens and Mr. Barber (1) paid during 1994 a total of $7,200 as rent for the Virginia Beach property and (2) paid during the years in question any rent for the Caroline County farm and the Virginia Beach property. On that record, we further find that petitioners have failed to carry their burden of establishing that during the years in question the Caroline County farm and the Virginia Beach property were rental properties that Delaware Corporation owned.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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