-26- mortgage was on the Berlin house. Furthermore, it is unlikely a lender would require a change in ownership, but not require that the change be reflected by recordation of a deed of transfer. Maryland law recognizes that ownership of property may be, either formally or informally, separated from title to property. Vlamis v. De Weese, 140 A.2d 665 (Md. 1958). However, we cannot treat lightly the formal manner in which property is held, lest we subject legal titles to unnecessary uncertainties and complicate the administration of law. Estate of Rosenblatt v. Commissioner, T.C. Memo. 1977-12. Petitioners had approximately 10 years in which to record the change in ownership of the South Point Road lot, but they did not. Petitioners contend they had been the owners of the lot since 1992. However, when selling the property they listed the Family Partnership as its owner. It was not until petitioners realized ownership of the property through the Family Partnership produced adverse tax consequences that they held themselves out as the owners of the property. Petitioners were free to organize their affairs as they chose; nevertheless, having done so, they must accept the tax consequences of their choices, whether contemplated or not. See Commissioner v. Natl. Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974). For the foregoing reasons, we hold that petitioners have failed to meet their burden of proving they were the owners ofPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: March 27, 2008