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Memorandum to File

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Submitted By TeresaDRoldan10
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Pages 10
Memorandum to File

Date: September 29, 2013
From: Teresa Roldan
Re: The amount included in gross income

Facts
The facts, as I understood them, is that Lester Machine shop leases a building from William and needs the building rewired which will cost $4000. William and Lester agreed that he would forgo one rent payment of $1000 if Lester pays for the wiring.

Issues
Does William include the $1000 that he is forgoing in his gross income?

Applicable Law
Section 109 addresses improvements by lessee on lessor’s property and what would be included in gross income. The only income included in gross income is only rental income.

Reg. Sec. 1.109-1 states that the improvements made by the lessee upon the leased property are excluded from the gross income.

CIR v. Grace H. Cunningham, 2 AFTR 2d 5511, 58-2 USTC Paragraph 9771 (9th Cir., 1958) The Tax Court found that the improvements were not “rent” and therefore would not be included in gross income.

Analysis
Section 109 states that only rental income is included in gross income.

Reg. Sec. 1.109-1 states that the improvements made by the lessee are excluded from gross income.

The Tax Court in CIR v. Grace H. Cunningham found that improvements were not rent so are not considered income.

Conclusion
Since the $1000 that William forgoes was for improvements to the property it will not be included in Williams gross income.

Current Internal Revenue Code, SEC. 109. IMPROVEMENTS BY LESSEE ON LESSOR'S PROPERTY. Click to open document in a browser Gross income does not include income (other than rent) derived by a lessor of real property on the termination of a lease, representing the value of such property attributable to buildings erected or other improvements made by the lessee.

Federal Tax Regulations, Regulation, §1.109-1., Internal Revenue Service, Exclusion from gross income of

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