Estate of James G. Frazier, Deceased, James G. Frazier Jr., Executor - Page 2




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          Commissioner, 12 Fed. Appx. 502 (9th Cir. 2001), reversing our              
          decision in T.C. Memo. 1999-201, regarding whether the tenant               
          retained a right to remove trade fixtures, and remanding for a              
          determination of whether the improvements at issue were trade               
          fixtures within the meaning of California Civil Code section 1019           
          (California Code section 1019)(West 1982).                                  
                                  FINDINGS OF FACT                                    
               We stated the facts of this case in our original opinion.              
          Estate of Frazier v. Commissioner, T.C. Memo. 1999-201.  The                
          findings of fact from that opinion are incorporated herein by               
          this reference.  For convenience, we summarize the relevant                 
          facts.  We set forth additional findings of fact for purposes of            
          deciding the issue remanded.                                                
          General Facts                                                               
               James G. Frazier (decedent) died on March 20, 1993.  At the            
          time of his death, decedent resided in Waterford, California.  On           
          or about June 22, 1994, decedent’s son, James G. Frazier, Jr., as           
          executor, filed decedent’s estate tax return.  At the time the              
          petition was filed, decedent’s son resided in Stanislaus County,            
          California.                                                                 
               In 1981, decedent incorporated Frazier Nut Farms, Inc.                 
          (FNF).  FNF conducted an almond and walnut processing, packaging,           
          marketing, sales, and shipping business.  Decedent formed FNF for           
          his family and hoped that it would be passed down through the               






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