-58- the right to improve the property without the sellers' consent; and (7) had the right to obtain legal title at any time by paying the balance of the full purchase price. Grodt & McKay Realty, Inc. v. Commissioner, supra at 1237-1238. In this case, the Woods had the right to possess the property, the right to obtain legal title by paying the balance of the full purchase price, and the duty to maintain the property and to pay insurance costs and taxes (under one agreement). The Woods did not bear the risk of loss. This factor weighs in favor of the agreement's being treated as a sale. 3. Compelling the Exercise of the Option Under California law, an instrument is a contract of sale if the optionee has an obligation to buy that the owner can enforce by specific performance. Welk v. Fainbarg, 255 Cal. App.2d 269, 63 Cal. Rptr. 127, 132-133 (1967). Neither the Lease Option nor the Real Estate Purchase Option provided that petitioners could force the Woods to purchase 15 Hastings. 4. Intent of the Parties Petitioner testified that title to 15 Hastings was never transferred to anyone. Petitioners treated the agreement with the Woods as a lease on their 1990 return. Mr. Wood testified that he and Mrs. Wood were not renting 15 Hastings. Mr. Wood classified the transaction, however, as a lease/option purchase contract. Mrs. Wood said the agreement was initially contemplated as a lease option. Mrs. Wood testified that theirPage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
Last modified: May 25, 2011