Maurice E. Hodgkins and Barbara J. Hodgkins - Page 11

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          obligor.  The risk of a decline in value rested on John, not                
          petitioners.                                                                
               The rewards of ownership were also transferred to John by              
          the Exchange Agreement.  Any increase in value thereafter was               
          his.  Even though petitioners did not transfer legal title to               
          John when they signed the Exchange Agreement, they agreed to                
          transfer title at John's request.                                           
               The parties also behaved as if John owned the property after           
          the Exchange Agreement.  John used the property as collateral on            
          one of his personal obligations and assigned the rents to                   
          guarantee repayment of this loan.  Moreover, when ownership of              
          the property became confused, he fought for and got title                   
          transferred back into his name rather than into petitioners'.               
               We agree with respondent that petitioners are not entitled             
          to deduct depreciation from Chancery Court for 1988.  All the               
          credible evidence indicates that petitioners transferred the                
          benefits and burdens of ownership to John on August 25, 1987,               
          when they signed the Exchange Agreement.                                    
          2.  Sawgrass                                                                
               John also involved petitioners in the purchase and resale              
          of 7933 Sawgrass Circle, Citrus Heights, California (Sawgrass).             
          Petitioners purchased the house from Sharon Benvenuti, obtaining            
          a grant deed from her on March 28, 1988, but not recording it               
          until August 16, 1988.  The house stood empty during petitioners'           




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