- 20 - date of the contract, rather than the closing date. The purchaser agreed to lease back the property to the seller, for agricultural purposes, for an annual cash rent of $2,500, which was accomplished. At closing, the purchaser was credited an amount of rent for the farm for the precise number of days from execution of the contract to the closing date. Additionally, the purchaser paid interest on his note to seller from the date of the contract. Considering all the aforementioned facts, the Fifth Circuit stated that the contract with the addendum and the "conduct of the parties reveal that for all practical purposes * * * [the purchaser] was possessed of the benefits and burdens of ownership at the critical time [i.e., execution of the contract]." Boykin v. Commissioner, supra, at 894. In sharp contrast, the earnest money contract in the instant case expressly provided: taxes, flood and hazard insurance * * * , rents, maintenance fees, interest on any assumed loan and any prepaid unearned mortgage insurance premium which has not been financed as part of any assumed loan * * * shall be prorated through the Closing Date. If Buyer elects to continue Seller’s insurance policy, it shall be transferred at closing. [Emphasis added.] Additionally, the contract provided that, if the Foxbriar property was damaged or destroyed by fire or other casualty, the Hewitts were to restore the property to its previous condition no later than the closing date. In other words, until the time ofPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011