- 5 - Parties' Arguments In the statutory notice of deficiency, respondent determined that the trade fixtures were includable in decedent's gross estate. On brief, respondent argues that FNF failed to remove its trade fixtures during the "continuance of * * * [its] term" as required by section 1019 of the California Civil Code; therefore, the trade fixtures belonged to decedent at the time of his death and are includable in his gross estate. Petitioner argues that FNF's right to remove its trade fixtures continued after decedent's death; therefore, decedent held no interest in the trade fixtures at death, and they are not includable in decedent's gross estate. Time for Removal When FNF initially took possession of the land, it did so under a written lease with decedent. The term of the lease was for 10 years with two options to renew for 10 years each. Upon the lease's expiration on December 31, 1992, FNF retained its possession of the leased tract and continued to use the trade fixtures it had placed thereon. This holdover tenancy was a tenancy at will in accordance with the original lease's holdover provision. See Hull v. Laugharn, 3 Cal. App. 2d 310, 314 (1934); see also Spaulding v. Yovino-Young, 30 Cal. 2d 138, 141 (1947); Psihozios v. Humberg, 80 Cal. App. 2d 215, 220Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011