Leo and Alla Goldberg - Page 41

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          until it gained possession of the property.  Coastline's only               
          responsibility upon the execution of the contract of sale was the           
          payment of real estate taxes.                                               
               Coastline also did not have full legal title at the time the           
          contract of sale was executed.  Under California law, delivery              
          and acceptance of a deed passes full legal title.  Cal. Civ.                
          Code, sec. 1056 (West 1982).  We have only the Grant Deed dated             
          "as of January 1, 1992" and notarized on November 17, 1994, in              
          the record.  Even if the deed were effective retroactively to               
          January 1, 1992, Coastline did not have title to Saddle Rock on             
          June 21, 1991, when petitioner transferred $188,000 from                    
          Coastline's account to petitioners' personal account.                       
               On June 21, 1991, Coastline was not the owner of Saddle                
          Rock, and, therefore, no portion of the money transferred from              
          Coastline's account was in payment for petitioner's interest in             
          Saddle Rock.                                                                
               In summary, petitioners have unreported income to the extent           
          of the moneys transferred into their personal accounts and to the           
          extent that moneys in Coastline accounts were used to pay                   
          expenses of Saddle Rock and Martis Landing.                                 
               In 1991, petitioners returned to Kortava $165,000,                     
          representing a portion of the moneys received from him.  This               
          repayment should be taken into account in the parties' Rule 155             
          computation.                                                                






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