- 14 - Not until August 1992 did petitioners begin making regular mortgage payments directly to Lomas Mortgage in connection with the Foxbriar property. From August through December 1992, petitioners actually paid mortgage interest and real property taxes on the Foxbriar property. Respondent allowed petitioners the corresponding deductions for these payments. The Court deems it prudent to also examine petitioners' ownership interest, if any, in the Foxbriar property during the years at issue. State law determines the nature of property rights, and Federal law determines the appropriate tax treatment of those rights. See United States v. National Bank of Commerce, 472 U.S. 713, 722 (1985); United States v. Rodgers, 461 U.S. 677, 683 (1983); Aquilino v. United States, 363 U.S. 509, 513 (1960). Thus, whatever rights or interests, if any, petitioners held in the Foxbriar property during the years at issue must be determined by applying applicable Texas law. It is well settled under Texas law that legal title to real property does not pass to a purchaser under a contract of sale until the deed to the property is delivered. Leeson v. City of Houston, 243 S.W. 485, 488 (Tex. Commn. App. 1922, judgment adopted). The record reflects that no deed to the Foxbriar property was delivered to petitioners prior to August 1992. Thus, the Court finds that petitioners had no legal title to the Foxbriar property prior to August 1992.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011