James T. and Goldie L. Ryan - Page 8

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          74 (1963), affd. per curiam 336 F.2d 771 (9th Cir. 1964); Haggard           
          v. Commissioner, 24 T.C. 1124, 1129 (1955), affd. 241 F.2d 288              
          (9th Cir. 1956).  We next consider each of these factors.                   
               1.   Title Passage to the Sopers                                       
               Passage of title is normally the most important factor.                
          Baertschi v. Commissioner, 412 F.2d 494, 498 (6th Cir. 1969),               
          revg. and remanding 49 T.C. 289 (1967).  Title to the Blue Lake             
          property passed to the Sopers on August 5, 1991, more than 2                
          years after petitioners bought their new residence.                         
               2.   Whether the Benefits and Burdens of Ownership Passed              
                    to the Sopers                                                     
               Petitioners argue that they transferred the benefits and               
          burdens of ownership of the Blue Lake property to the Sopers on             
          or before July 19, 1991.                                                    
               To decide whether the Sopers acquired the benefits and                 
          burdens of ownership in the Blue Lake property, we consider                 
          whether the Sopers:  (a) Bore the risk of loss of the property              
          from all causes; (b) were obligated to pay all taxes,                       
          assessments, and charges against the property; (c) had the duty             
          to maintain the property; (d) were responsible for insuring the             
          property; (e) had the right to possess the property and to enjoy            
          the use, rents, and profits thereof; (f) had the right to improve           
          the property without the sellers' consent; and (g) had the right            








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