- 8 - 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 rightPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011