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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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