- 9 - property interests in the telephone systems from the third-party customers or whether the subsidiary received a contractual right to purchase the telephone systems in the future. If the subsidiary received a contractual right to purchase nonexisting property in the future, then an intercompany transaction would have occurred because the actual sale of the telephone systems would have occurred at a later date with petitioner acting as the seller and the subsidiary acting as the buyer. See Hoven v. Commissioner, supra at 56-57; Armstrong v. Commissioner, supra at 1173-1174. Analysis of whether the subsidiary received contractual rights to purchase nonexisting property in the future or whether the subsidiary received property interests in the telephone systems depends on the nature of the property that was acquired by the third-party purchaser in the purchase agreement. If the third-party customer acquired only contractual rights to purchase nonexisting property in the future, then, in the assignment and delegation agreements, the nature of the property that was transferred from the third-party customers to the subsidiary was contractual rights to purchase nonexisting rights in the future. See Johnson v. Commissioner, T.C. Memo. 1973-159. Respondent argues that petitioner lost its ability to act as the seller-transferor of the telephone systems after entering into the purchase agreements. The purchase agreements in issuePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011