- 16 - 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,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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