Eugene A. Beck, et al. - Page 44




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               The following factors are generally considered in                      
          determining nominee status: (a) No consideration or inadequate              
          consideration paid by the nominee; (b) property placed in the               
          name of the nominee in anticipation of a suit or occurrence of              
          liabilities while the transferor continues to exercise control              
          over the property; (c) close relationship between transferor and            
          the nominee; (d) failure to record conveyance; (e) retention of             
          possession by the transferor; and (f) continued enjoyment by the            
          transferor of benefits of the transferred property.  United                 
          States v. Miller Bros. Constr. Co., 505 F.2d 1031 (10th Cir.                
          1974)); see also Oxford Capital Corp. v. United States, supra.              
               Mr. Beck testified:  "My son and my daughter owned the                 
          stock.  My son said he didn't own the stock.  But this, of                  
          course, is a private family affair.  When I am gone, the children           
          are going to own that store without any hassle.  So the stock was           
          transferred to the children back in the '80s."  Further, he                 
          testified that Michael "will own the business, half of it, when             
          the time comes."                                                            
               The record in these cases establishes that, although the               
          stock was originally titled in Mrs. Beck's name, Mr. and Mrs.               
          Beck equally owned and controlled the stock in Beck's Liquors.              
          After Mrs. Beck died, Mr. Beck alone controlled and owned the               
          stock.  Neither Mr. Beck nor Mrs. Beck intended for Michael and             
          Michelle to own the stock during the parents' lifetimes.  We find           






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