-41- 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.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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