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Ellen, Lawyer
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If a tenant pays higher rent at the beginning of a lease and

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If a tenant pays higher rent at the beginning of a lease and lower rent at the end of a lease:

a. the cash-basis tenant is entitled to deduct the rent when it is paid
b. the cash-basis taxpayer is not entitled to deduct rent because the scheme is a tax-avoidance scheme
c. part of the rent may be considered advance rent that can only be deducted when it is actually due based on average rent
d. the cash-basis landlord must include the rent in his/her income only to the extent that the lowest monthly rental amount

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