- 305 - 55 (1971) (in determining date of property transfer, date on which benefits and burdens or incidents of ownership of property pass must be considered); Merrill v. Commissioner, 40 T.C. 66, 74 (1963) (where delivery of deed is delayed to ensure payment, intent of parties as to when benefits and burdens of ownership are to be transferred, as evidenced by factors other than the passage of bare legal title, controls for tax purposes), affd. 336 F.2d 771 (9th Cir. 1964); cf. Dyke v. Commissioner, 6 T.C. 1134 (1946) (stock sale not completed until all conditions of escrow agreement (including payment) were satisfied and stock was actually delivered, even though buyer was entitled to corporation’s earnings for approximately 1 month before delivery date). Taking into account all the facts and circumstances of the case at hand, we conclude that Jean True and her sons intended the benefits and burdens of ownership of Jean True’s stock and partnership interests to pass to the sons on the notice dates; i.e., on June 30, 1994, in the case of her stock and on July 1, 1994, in the case of her partnership (and LLC) interests. We further conclude that the benefits and burdens of ownership in fact shifted on those dates. These conclusions are based on the following observations: 1. The buy-sell agreements expressly provided that the notice dates were the effective dates of Jean True’s sales to her sons. The buy-sell agreements also expressly provided that onPage: Previous 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 Next
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