- 15 - Under a contract for deed in Georgia, the buyer obtains a right to possession; an obligation to pay taxes, assessments, and charges against the property; a responsibility for insuring the property; a duty to maintain the property; a right to improve the property without the seller’s consent; a bearing of the risk of loss; and a right to obtain legal title at any time by paying the balance of the full purchase price. All of these elements, short of transfer of title, were held in Keith to be sufficient for obtaining equitable ownership. The facts in the case before us do not establish that AAL obtained equitable ownership before title to the Fitch Property passed in 1994 by virtue of the recordation of the Grant Deed upon satisfaction of the escrow instructions. For the foregoing reasons, we hold for respondent on this issue. II. Section 6662 Accuracy-Related Penalty In determining that petitioners are liable for the section 6662 accuracy-related penalty, respondent determined that all of the underpayment of tax for 1994 and 1995 is due to negligence or disregard of rules or regulations, and that petitioners have not established that such underpayment was due to reasonable cause. Since the IRS examination in this case commenced before July 22, 1998, section 7491, relating to burdens of proof and production,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011