- 7 - by the Supreme Court of Texas)4 for the proposition that a purchaser under a contract for deed receives a mere equitable right to complete the contract. One court of appeals in Texas has followed Johnson, stating it is the controlling law in Texas. See Club Corp. of Am. v. Concerned Property Owners, 881 S.W.2d 620, 626 (Tex. App. 1994). On the basis of these cases, respondent argues petitioners are not entitled to a charitable contribution deduction in 1994, the year that they entered into a bargain sale of real property (contract for deed) with the Church. Respondent argues the contract for deed petitioners entered with the Church was an executory contract. The contract contemplated petitioners retaining legal title to the property until the Church had made all of the payments required. Respondent concludes that because the contract was executory, the gift was incomplete in 1994. Petitioners rely on a line of cases5 which finds its origin in the case of Leeson v. City of Houston, 243 S.W. 485 (Tex. Commn. App. 1922). These cases stand for the proposition that the purchaser receives equitable title to the property either at 4The significance of an opinion’s being adopted as opposed to a judgment’s being adopted is discussed infra p. 8. 5Fant v. Howell, 547 S.W.2d 261, 264-265 n.5 (Tex. 1977); City of Austin v. Capitol Livestock Auction Co., 453 S.W.2d 461, 464 (Tex. 1970); Graves v. Diehl, 958 S.W.2d 468 (Tex. App. 1997); Bucher v. Employers Cas. Co., 409 S.W.2d 583, 584 (Tex. App. 1966).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011