James T. and Goldie L. Ryan - Page 10

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          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.                                     






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