- 8 - trade fixtures within the meaning of California Code section 1019. Id.5 OPINION Petitioner has the burden of proving that the improvements at issue are removable trade fixtures within the meaning of California Code section 1019. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The parties stipulated that the improvements at issue are removable trade fixtures within the meaning of California Code section 1019 and remained the property of FNF at the time of decedent’s death if we find that: (1) FNF’s tenancy at will under the lease continued notwithstanding the death of decedent; (2) the improvements could be removed without injury to the premises; and (3) the improvements, by the manner in which they were affixed, had not become an integral part of the premises. In our original opinion, we ruled on the first element. The U.S. Court of Appeals reversed and held that FNF’s tenancy, and, hence, implied right of removal, continued notwithstanding the death of decedent. We must determine, therefore, whether the 5 In our opinion, we found that “The improvements placed on the land by FNF were ‘trade fixtures’ within the meaning of California Civil Code section 1019.” Estate of Frazier v. Commissioner, T.C. Memo. 1999-201. This statement is not dispositive of the question we are directed to resolve on remand. We construe the question posed by the U.S. Court of Appeals as the parties construe it, infra, whether the improvements meet the elements of California Code sec. 1019 in order to qualify as a removable trade fixture.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011