Cristeen B. Comey - Page 29




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          Accordingly, we also conclude that Landtrak did not become the              
          direct or indirect owner of Mr. Comey’s portfolio in 1987 or                
          1988, whether or not Mr. Comey sold Lumatron stock to Landtrak as           
          he claims.  To the contrary, we conclude that Mr. Comey remained            
          the title owner as well as the owner for tax purposes of his                
          portfolio, until Mr. Comey had the stock in his portfolio                   
          reregistered in Landtrak’s name in mid-1992.                                
               Moreover, for the reasons also set forth below, we hold that           
          although Landtrak became the title owner of Mr. Comey’s portfolio           
          in mid-1992, it did not become the tax owner.  Landtrak (and                
          Landtrak’s purported ownership of Mr. Comey’s portfolio) are                
          disregarded for tax purposes, because Landtrak did not have a               
          business purpose or engage in business activity after Mr.                   
          Riopelle’s ownership ended in 1988.  In addition, there is no               
          evidence that Landtrak had any beneficial interest in, or                   
          dominion or control over, the stock registered in its name.                 
               Purported Transfer of Mr. Comey’s Portfolio to                         
               Lumatron in 1978 and Landtrak in 1987 or 1988                          
               Mr. Comey contends that he transferred his stock portfolio             
          to Lumatron in 1978.  He further contends that ownership of that            
          portfolio effectively passed to Landtrak in 1987 or 1988, when he           
          assertedly sold his Lumatron stock to Landtrak.                             
               Mr. Comey specifically contends that his 1978 transfer to              
          Lumatron was made pursuant to an “Inventor’s Agreement” between             






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