Edward R. Arevalo - Page 13

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          the taxpayer is a question of fact that must be ascertained from            
          the intention of the parties as established by the written                  
          agreements read in light of the attending facts and                         
          circumstances.  Grodt & McKay Realty, Inc. v. Commissioner, supra           
          at 1237.  Thus, the Court will look to the substance of the                 
          agreement between the taxpayer and the seller and not just to the           
          labels used in those agreements.  Sprint Corp. v. Commissioner,             
          108 T.C. 384, 397 (1997); cf. Gregory v. Helvering, 293 U.S. 465,           
          468-470 (1935).  Some of the factors that have been considered by           
          courts include:  (1) Whether legal title passes; (2) how the                
          parties treat the transaction; (3) whether an equity was acquired           
          in the property; (4) whether the contract creates a present                 
          obligation on the seller to execute and deliver a deed and a                
          present obligation on the purchaser to make payments; (5) whether           
          the right of possession is vested in the purchaser; (6) which               
          party pays the property taxes; (7) which party bears the risk of            
          loss or damage to the property; and (8) which party receives the            
          profits from the operation and sale of the property.  Grodt &               
          McKay Realty, Inc. v. Commissioner, supra at 1237-1238.                     
               Petitioner contends that he “purchased” the pay phones from            
          ATC and, therefore, held the benefits and burdens of ownership              
          with respect to the pay phones.  After considering the relevant             
          factors and weighing the facts and circumstances surrounding the            







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