- 44 - 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 findPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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