- 10 - to insure the property against fire or other hazards.1 Although the Sopers made some improvements, e.g., landscaping and new wallpaper, they did not have the right to improve the property without petitioners' consent. The Sopers: (a) Had the duty to maintain the property; (b) had the right to obtain legal title upon payment of the full purchase price; and (c) had the duty to pay property taxes. The Sopers had possession of the Blue Lake property under the 1988 lease. Petitioners contend that this was a benefit of ownership the Sopers enjoyed before title passed. However, the Sopers obtained possession independent of the option agreement. Even if we treat the Sopers' possession of the Blue Lake property under the lease as a benefit of ownership for purposes of deciding whether a sale had occurred, an insufficient range of benefits and burdens of ownership passed to the Sopers before title passed on August 5, 1991, for us to find that the date of sale preceded that date. We conclude that the Blue Lake property was sold to the Sopers on August 5, 1991. Petitioners rely on Baertschi v. Commissioner, 412 F.2d 494 (6th Cir. 1969), to support their position that the sale date is determined by the date the benefits and burdens of ownership passed to the Sopers. In Baertschi v. Commissioner, supra, the 1 The Sopers did pay for liability insurance through their mortgage payments to Home Federal Bank.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011