- 40 - Issue 3. Ownership of Woodbine The questions for decision on this issue are who owned the Woodbine assets and business from the beginning of 1988 through March 14, 1989, and thereafter, until November 17, 1989. The answers to these questions should enable us to allocate the tax liabilities on the Woodbine income for those periods and on the gain from the sale of Woodbine to the Kunkowskis. Income is taxable to the taxpayer who earns and controls it. Lucas v. Earl, 281 U.S. 111 (1930). "The choice of the proper taxpayer revolves around the question of which person or entity in fact controls the earning of income rather than who ultimately receives the income." Vercio v. Commissioner, 73 T.C. 1246, 1253 (1980) (service income assigned to trust). The owners of land may be different from the owners of a business located on the land. See Crawford v. Commissioner, T.C. Memo. 1984-433 (land and farm separate); Blunt v. Commissioner, T.C. Memo. 1966-280 (separating mortuary business from land). To decide when a transfer is complete for tax purposes, we examine all the surrounding facts and circumstances, no single one of which is controlling. Baird v. Commissioner, 68 T.C. 115, 124 (1977). The focus of our inquiry, however, is on when the benefits and burdens of ownership have shifted. Id. Generally, a transfer is complete upon the earlier of the transfer of title or the shift of the benefits and burdens of ownership. Deyoe v. Commissioner, 66 T.C. 904, 910 (1976) (citing Dettmers v.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011