- 22 - duty to maintain the property; (3) were responsible for insuring the property; (4) bore the risk of loss of the property; (5) were obligated to pay taxes, assessments, and charges against the property; (6) had the right to improve the property without the seller’s consent; and (7) had the right to obtain legal title at any time by paying the balance of the purchase price. See Derr v. Commissioner, 77 T.C. 708, 724-725 (1981); Ryan v. Commissioner, T.C. Memo. 1995-579. Petitioners had the right to possess the property but were prohibited from renting out or subleasing the property. Petitioners had a duty, as lessees, to maintain the property in a reasonable condition and to repair certain damage caused by them; however, petitioners were not required to insure the property or bear the risk of loss. Petitioners were not obligated to pay taxes, assessments, or charges against the property, nor did they have the right to improve the property without written consent. Analyzing these factors, petitioners did not possess the benefits and burdens of ownership prior to August 1992. See also Koehler v. Commissioner, T.C. Memo. 1978-381. On this record, the Court finds that petitioners were mere lessees of the Foxbriar property and did not have the benefits and burdens of ownership so as to make them equitable owners of the property until August 1992, the time at which they assumed liability to Lomas Mortgage. Thus, on this record, the CourtPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011