Edward R. Arevalo - Page 12

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          (1988); see also Narver v. Commissioner, 75 T.C. 53, 98 (1980),             
          affd. 670 F.2d 855 (9th Cir. 1982).  “In a number of cases, the             
          Court has refused to permit the transfer of formal legal title to           
          shift the incidence of taxation attributable to ownership of                
          property where the transferor continues to retain significant               
          control over the property transferred.”  Frank Lyon Co. v. United           
          States, 435 U.S. 561, 572-573 (1978).  “‘[T]axation is not so               
          much concerned with the refinements of title as it is with actual           
          command over the property taxed’”.  Grodt & McKay Realty, Inc. v.           
          Commissioner, 77 T.C. 1221, 1236 (1981) (quoting Corliss v.                 
          Bowers, 281 U.S. 376, 378 (1930)); see also United States v. W.H.           
          Cocke, 399 F.2d 433, 445 (5th Cir. 1968).  Therefore, when a                
          taxpayer never actually owns the property in question, the                  
          taxpayer is not allowed to claim deductions for depreciation.               
          See Grodt & McKay Realty, Inc. v. Commissioner, supra at 1236-              
          1238; see also Schwartz v. Commissioner, T.C. Memo. 1994-320,               
          affd. without published opinion 80 F.3d 558 (D.C. Cir. 1996).               
               A taxpayer has received an interest in property that                   
          entitles the taxpayer to depreciation deductions only if the                
          benefits and burdens of ownership with respect to the property              
          have passed to the taxpayer.  See Grodt & McKay Realty, Inc. v.             
          Commissioner, supra at 1237-1238; see also Grant Creek Water                
          Works, Ltd. v. Commissioner, supra at 326.  Whether the benefits            
          and burdens of ownership with respect to property have passed to            






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