Paul L. Blanton and Cynthia D. Blue-Blanton - Page 10

                                        -10-                                          
               1.   When the Benefits and Burdens of Ownership Passed                 
                    to the Blantons                                                   
               Petitioners argue that they acquired the benefits and                  
          burdens of ownership of the W. 22d property around August 1989.             
          To decide their claim, we consider whether they:  (a) Had the               
          right to possess the property and to enjoy the use, rents, and              
          profits thereof; (b) had the duty to maintain the property; (c)             
          were responsible for insuring the property; (d) bore the risk of            
          loss of the property; (e) were obligated to pay taxes,                      
          assessments, and charges against the property; (f) had the right            
          to improve the property without the seller's consent; and (g) had           
          the right to obtain legal title at any time by paying the balance           
          of the purchase price.  Derr v. Commissioner, supra at 724-725;             
          Ryan v. Commissioner, T.C. Memo. 1995-579.                                  
               The purchase agreement did not state that it shifted any of            
          the benefits and burdens of ownership to petitioners.                       
          Nevertheless, petitioners argue that they had the right to                  
          possess the W. 22d property, they bore the burden of maintaining            
          the property, and they had the right to obtain legal title at               
          anytime by paying the balance of the purchase price.                        
                    a.   Whether Petitioners Had a Right To Possess the               
                         Residence and Enjoy the Use, Rents, and Profits              
                         Thereof                                                      
               Petitioners moved into the W. 22d property by August 4,                
          1989.  Petitioners apparently had the right to possess and use              
          the W. 22d property before closing because Hagan gave them                  





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