A.J. Concrete Pumping, Inc. - Page 16




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          Commissioner, T.C. Memo. 1989-382; Van Valkenburgh v.                       
          Commissioner, T.C. Memo. 1967-162.                                          
               Considering all the facts, we conclude that it was unlikely            
          that the $1 option would remain unexercised at the end of the               
          term.  Furthermore, while there is no indication that title                 
          actually passed to the lessees during the term of the lease, the            
          lessees bore the burdens and benefits of ownership.  Therefore,             
          the lease agreements substantially shifted the benefits and                 
          burdens of ownership from petitioner to the lessees and                     
          constitute sales for tax purposes.  Accordingly, respondent’s               
          position on this issue is sustained.                                        
          Unreported Gain on Sale of Assets                                           
               Findings of Fact                                                       
               On March 6, 1992, Olympic sold property leased from                    
          petitioner to Ralph’s Concrete and Vance Gribble.  In exchange              
          for the property, Olympic received cash proceeds of $440,121.               
          Olympic remitted $216,395 of the $440,121 to petitioner and                 
          retained $223,726.  On its March 31, 1992, tax return, petitioner           
          reported a $227,061 gain from the sale of these assets.  Both               
          parties agree that petitioner incorrectly computed the gain from            
          the sale of these assets.  The correct gain is $315,954.                    
               Discussion                                                             
               On March 6, 1992, Olympic sold various pieces of pumping               
          equipment that were owned by petitioner.  On its 1992 tax return,           






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