- 23 - employees' relocations. In addition, any risks of loss that petitioner was subjected to were insignificant in comparison to the primary motives of petitioner. Petitioner's financial stake in the residences was limited and consisted of the maintenance costs and equity payments. Petitioner was indemnified for the equity payments and maintenance expenses from the proceeds of the sale to third parties. The residences were generally sold to third parties within a few months of the contracts of sale, and maintenance expenses paid by petitioner during that short time were small in comparison to the residences' value. In addition, the equity payments were based on the residences' appraised value. The risk that the residences could not be sold at their appraised values, although controlled by market conditions, is insufficient in this setting to reach the conclusion that petitioner, in substance, became the residences' owner for Federal tax purposes. As noted by respondent, relocating employees gave up the right to use the residences and control their disposition. Relocating employees had no say in the decision to accept third- party offers after entering the contracts of sale. Petitioner acquired control over the disposition of the residences. Pursuant to the terms of the RSC contract, the RSC had authority to accept or reject any offer within a specified percentage of the residences' appraised value. In practice, however, the RSC consulted with petitioner over whether to accept or reject aPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011