- 10 - never had the intention of removing the improvements from the premises because FNF was a family-operated business that decedent wanted to continue. Additionally, respondent contends that removal of the improvements would destroy the assets and require a “massive amount of effort”. A decedent’s gross estate includes all property to the extent of the decedent’s interest therein at the time of his death. Sec. 2033. A decedent’s interest in property is determined by State law. Morgan v. Commissioner, 309 U.S. 78, 80 (1940). The decisions of the State’s highest court are conclusive as to that State’s law, but in the absence of a decision by that court we may look to the State’s lower courts’ rulings and holdings. Commissioner v. Estate of Bosch, 387 U.S. 456, 465 (1967). Under California law, a fixture is a thing that is so attached to realty as to be considered in law a part of the realty itself. Cal. Civ. Code sec. 660 (West 1982).6 Generally, a tenant of real property has no right to remove fixtures from 6 Sec. 660 of the California Civil Code provides, in relevant part: A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws * * *.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011