- 6 - What Was Conveyed? State law controls the determination of the nature of the property interest the taxpayer conveyed. See United States v. National Bank of Commerce, 472 U.S. 713, 722 (1985) (citing and quoting Aquilino v. United States, 363 U.S. 509, 512-513 (1960)). In order to determine the property rights transferred by the contract for deed we must therefore look to Texas property law. In determining what the relevant State law is “the State’s highest court is the best authority on its own law.” Commissioner v. Estate of Bosch, 387 U.S. 456, 465 (1967). The decision of an “intermediate appellate state court ... is a datum for ascertaining state law which is not to be disregarded”, unless the Federal court is convinced that the State’s highest court would decide differently. Id. The decrees of “lower state courts should be attributed some weight”, but their decisions are not controlling where the highest court of the State has not spoken on the point. Id. (quotation marks and citation omitted). State Law Petitioner and respondent cite seemingly conflicting lines of authority in setting out their respective positions on what rights a purchaser acquires under a contract for deed in Texas. Respondent relies on a line of cases that starts with Johnson v. Wood, 157 S.W.2d 146 (Tex. 1941) (an opinion adoptedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011