Gerald E. Johnson and Dorothy Johnson - Page 21

                                       - 21 -                                         
          McNamara v. Commissioner, 236 F.3d at 413.                                  
               We have found based on the stipulation of the parties that             
          the 1993 claimed rent, the 1994 claimed rent, and the modified              
          1995 claimed rent represented fair market rents and are consis-             
          tent with the rents paid during those years by G.E. Johnson,                
          Inc., to other third-party landlords.  On the record before us,             
          we further find that petitioners have established that during               
          each of the years at issue there was no nexus between (1) the               
          1993 claimed rent, the 1994 claimed rent, and the modified 1995             
          claimed rent that petitioners received pursuant to the oral                 
          rental arrangement and (2) the oral employment arrangement under            
          which petitioners were to, and did, participate materially in the           
          production by G.E. Johnson, Inc., of agricultural commodities.              
          Pursuant to the oral rental arrangement, during the years at                
          issue G.E. Johnson, Inc., paid rent to petitioners for the lease            
          of petitioners’ farmland and personal property, irrespective of             
          whether or not that company had a good farming year or had                  
          income.  Moreover, during those years, petitioners did not                  
          believe that they were, and they were not, obligated or compelled           
          to perform petitioners’ farm-related activities in the production           
          by G.E. Johnson, Inc., of agricultural commodities as a condition           
          to that company’s being obligated to pay rent to petitioners                
          pursuant to the oral rental arrangement.                                    
               Based upon our examination of the entire record in this                






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011