- 3 - title to the property. The Church had full rights to enter upon and to enjoy the property. In addition, the contract for deed provided the Church would: Insure all improvements on the property with loss payable to petitioners, keep all improvements in good repair and condition, assume and pay all taxes on the property, and keep the improvements on the property occupied. When the entire purchase price had been paid by the Church, petitioners were required to convey the legal title of the property to the Church. The contract for deed prohibited the Church from assigning, selling, pledging, or mortgaging the property without petitioners' consent. The contract for deed specified, in part, that if the Church was in default in the payments, petitioners could elect to declare the entire unpaid indebtedness to be due and payable and enforce collection or to declare the contract canceled.3 As long as the Church made prompt payments on the indebtedness, the Church had the right to occupy the property. Petitioners claimed a charitable contribution deduction on their 1994 Federal income tax return for the difference between the property’s $450,000 fair market value and its $152,500 selling price. A part of the deduction was carried over to their 1995 income tax return. Respondent's deficiency determinations 3The provision required written notice of default to be given to the Church and allowed a grace period of 15 days to cure the default before petitioners could exercise their rights.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011