-33- of decedent’s estate reports that decedent’s estate was entitled to deduct a $6,000 expense for cleaning out “Decedent’s home”. We also find nothing credible in the record to persuade us that decedent agreed to pay monthly installments of rent for 2000 in amounts other than the $850 shown in the 2000 lease agreement, or that decedent was liable in 2000 for more than $850 per month. Petitioner invites the Court to find that there was an oral agreement modifying the 2000 lease agreement and to find that decedent paid $4,000 of rent for the first quarter of 2000 by means of the February 7, 2000, check. We decline to make either finding. First, decedent’s estate admitted on the estate tax return that it considered $8,500 of rent to be owing to Funny Hats. Decedent died in February 2000, and this $8,500 corresponds to the product of the remaining 10 months in that year multiplied by the $850-per-month rate shown in the 2000 lease agreement. The $850-per-month rate is also consistent with each of the rates of rent set forth in the lease agreements for prior years, although petitioner now asks the Court to find that decedent’s rent for years after 1996 actually reflected decedent’s shared use of the residence with David Disbrow and others. Second, even if we were to assume arguendo that the parties to the 2000 lease agreement could modify that agreement orally, an assumption that we make with much reservation, the record doesPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011