- 17 - (4) whether the contract creates a present obligation on the seller to execute and deliver a deed and a present obligation on the purchaser to make payments; (5) whether the right of possession is vested in the purchaser; (6) which party pays the property taxes; (7) which party bears the risk of loss or damage to the property; and (8) which party receives the profits from the operation and sale of the property. * * * [Id. at 1237- 1238; citations omitted.] Although passage of a title is not determinative, it is an important factor in whether a sale has occurred. Harmston v. Commissioner, 61 T.C. 216, 229 (1973), affd. 528 F.2d 55 (9th Cir. 1976); Ryan v. Commissioner, T.C. Memo. 1995-579. Relocating employees delivered signed deeds to the RSC that omitted the names of the grantees. The employees authorized the RSC, by a power of attorney, to fill in the grantees' names. Respondent concedes that petitioner did not acquire legal title to the residences. Title remained with the relocating employees and passed directly to the third-party purchasers. As petitioner did not acquire legal ownership of the residences, we must determine whether it acquired beneficial ownership of the residences. Deyoe v. Commissioner, 66 T.C. 904, 910 (1976). We find that petitioner did not acquire beneficial ownership of the residences. In part, respondent's argument that petitioner owned the residences is based on an agency relationship existing between petitioner and the RSC. Respondent cites petitioner's relocation brochure which refers to the RSC as a third-party agent as evidence of the agency relationshipPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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