- 9 - combination of factors, is absolutely determinative. Cal-Maine Foods, Inc. v. Commissioner, T.C. Memo. 1977-89; see also Western Contracting Corp. v. Commissioner, 271 F.2d 694 (8th Cir. 1959); Benton v. Commissioner, 197 F.2d 745 (5th Cir. 1952); Haggard v. Commissioner, 24 T.C. 1124 (1955), affd. per curiam 241 F.2d 288 (9th Cir. 1956). In Grodt & McKay Realty, Inc. v. Commissioner, supra at 1237-1238, we listed several factors considered by courts in determining whether the benefits and burdens of ownership have been transferred. The factors considered were: (1) Whether legal title passes; (2) how the parties treat the transaction; (3) whether an equity was acquired in the property; (4) whether the contract creates a present obligation on the seller to execute and deliver a deed and a present obligation on the purchaser to make payments; (5) whether the right of possession is vested in the purchaser; (6) which party pays the property taxes; (7) which party bears the risk of loss or damage to the property; and (8) which party receives the profits from the operation and sale of the property. [Citations omitted.] 1. Whether Legal Title Passed We look to State law to determine whether a taxpayer has an ownership interest in property. See United States v. National Bank of Commerce, 472 U.S. 713 (1985). Under Kentucky law, "title to goods passes * * * in any manner and on any conditions explicitly agreed on by the parties." Ky. Rev. Stat. Ann. sec. 355.2-401(1) (Michie 1996). Petitioners argue that under the agreement Four A granted, sold, and conveyed all of its right,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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