- 34 -                                         
          forth the following approach to resolve the issue of when a sale            
          is complete:                                                                
                    For purposes of Federal income taxation, a sale                   
               occurs upon the transfer of the benefits and burdens of                
               ownership rather than upon the satisfaction of the                     
               technical requirements for the passage of title under                  
               State law.  The question of when a sale is complete for                
               Federal tax purposes is essentially one of fact.  The                  
               applicable test is a practical one which considers all                 
               the facts and circumstances, with no single factor                     
               controlling the outcome.  [Citations omitted.]                         
          See also J.B.N. Tel. Co., Inc. v. United States, 638 F.2d 227,              
          232 (10th Cir. 1981); Rich Lumber Co. v. United States, 237 F.2d            
          424, 427 (1st Cir. 1956); Guardian Indus. Corp. v. Commissioner,            
          97 T.C. 308, 318 (1991), affd. without published opinion 21 F.3d            
          427 (6th Cir. 1994); Yelencsics v. Commissioner, 74 T.C. 1513,              
          1527 (1980).                                                                
               Respondent contends that the sale of CV's qualified export             
          receivables could not have occurred prior to the close of CVI's             
          relevant taxable years because the requirements for the transfer            
          of accounts receivable prescribed by Article 9 of the Uniform               
          Commercial Code (U.C.C.) as adopted by Massachusetts were not               
          satisfied.  We do not agree.  Generally, State law is not                   
          dispositive of whether or when a sale or transfer of property               
          occurs for Federal tax purposes.  Burnet v. Harmel, 287 U.S. 103,           
          110 (1932); Snyder v. Commissioner, 66 T.C. 785, 792 (1976).  As            
          the Supreme Court has stated:                                               
               the revenue laws are to be construed in the light of                   
               their general purpose to establish a nationwide scheme                 
               of taxation uniform in its application.  Hence their                   
               provisions are not to be taken as subject to state                     
               control or limitation unless the language or necessary                 
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