- 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 necessaryPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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