Jonathan B. Geftman - Page 19

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          ownership and bear the risks of ownership during the period at              
          issue.  Alstores Realty Corp. v. Commissioner, 46 T.C. 363                  
          (1966).  Taxation is more concerned with a taxpayer's actual                
          control over the property than with title over the property.                
          Frank Lyon Co. v. United States, 435 U.S. 561, 572 (1978);                  
          Corliss v. Bowers, 281 U.S. 376, 378 (1930); Towlinsky v.                   
          Commissioner, 86 T.C. 1009, 1041 (1986).                                    
               Respondent determined that the trusts earned $90,596 from              
          mortgages which were serviced by Berkley.  Petitioner argues that           
          the trusts did not earn income from the mortgages because the               
          mortgages were titled in the name of Berkley.  We agree with                
          respondent.                                                                 
               We hold that the trusts owned the mortgages at issue because           
          Berkley transferred the mortgages to the trusts as part of a                
          "partial debts settlement" of the debts owed by the estate to the           
          trusts.  Berkley serviced the mortgages on the condominium                  
          developments.  All mortgage payments from the La Playa and Blue             
          Grass developments were made to Berkley.  Each month, Berkley               
          would collect all mortgage payments from the mortgagors.  Then,             
          Berkley would prepare a schedule showing the mortgage number, the           
          total payment, and the principal and interest for each mortgage.            
               The trusts clearly owned the La Playa and Blue Grass                   
          mortgages during the fiscal year ended February 28, 1985.  On its           
          books, Berkley indicated that the trusts owned the La Playa and             
          Blue Grass developments.  A Berkley work paper reflects a journal           




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