Delaware Corp., et al. - Page 44

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          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.            




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