Joseph M. and Marjorie Sita - Page 9




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          at 439.  Whether the benefits and burdens of ownership with                 
          respect to property have passed to the taxpayer is a question of            
          fact that must be ascertained from the intention of the parties             
          as established by the written agreements read in the light of the           
          attending facts and circumstances.  See Arevalo v. Commissioner,            
          124 T.C. at 251-252; Grodt & McKay Realty, Inc. v. Commissioner,            
          supra at 1237.                                                              
               The denial of depreciation deductions in the Alpha                     
          Telcom cases has been supported by the examination of six                   
          factors:  (1) Whether legal title passes; (2) the manner in                 
          which the parties treat the transaction; (3) whether the                    
          purchaser acquired any equity in the property; (4) whether the              
          purchaser has any control over the property, and, if so, the                
          extent of such control; (5) whether the purchaser bears the risk            
          of loss or damage to the property; and (6) whether the purchaser            
          will receive any benefit from the operation and disposition of              
          the property.  Arevalo v. Commissioner, 469 F.3d at 439-440;                
          Crooks v. Commissioner, supra at 656; Arevalo v. Commissioner,              
          124 T.C. at 252.                                                            
               If we consider the terms of the ATC pay phone agreements and           
          the Alpha Telcom service agreements together, Alpha Telcom was              
          responsible for selecting the locations of the pay phones,                  
          negotiating site agreements with the owners or lessees of the               
          premises where the pay phones were to be installed, installing              







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