Robert K. and Dawn E. Lowry - Page 15

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               Under a contract for deed in Georgia, the buyer obtains a              
          right to possession; an obligation to pay taxes, assessments, and           
          charges against the property; a responsibility for insuring the             
          property; a duty to maintain the property; a right to improve the           
          property without the seller’s consent; a bearing of the risk of             
          loss; and a right to obtain legal title at any time by paying the           
          balance of the full purchase price.  All of these elements, short           
          of transfer of title, were held in Keith to be sufficient for               
          obtaining equitable ownership.  The facts in the case before us             
          do not establish that AAL obtained equitable ownership before               
          title to the Fitch Property passed in 1994 by virtue of the                 
          recordation of the Grant Deed upon satisfaction of the escrow               
          instructions.                                                               
               For the foregoing reasons, we hold for respondent on this              
          issue.                                                                      
          II.  Section 6662 Accuracy-Related Penalty                                  
               In determining that petitioners are liable for the section             
          6662 accuracy-related penalty, respondent determined that all of            
          the underpayment of tax for 1994 and 1995 is due to negligence or           
          disregard of rules or regulations, and that petitioners have not            
          established that such underpayment was due to reasonable cause.             
          Since the IRS examination in this case commenced before July 22,            
          1998, section 7491, relating to burdens of proof and production,            








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