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at 439. Whether the benefits and burdens of ownership with
respect to property have passed to 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 the light of the
attending facts and circumstances. See Arevalo v. Commissioner,
124 T.C. at 251-252; Grodt & McKay Realty, Inc. v. Commissioner,
supra at 1237.
The denial of depreciation deductions in the Alpha
Telcom cases has been supported by the examination of six
factors: (1) Whether legal title passes; (2) the manner in
which the parties treat the transaction; (3) whether the
purchaser acquired any equity in the property; (4) whether the
purchaser has any control over the property, and, if so, the
extent of such control; (5) whether the purchaser bears the risk
of loss or damage to the property; and (6) whether the purchaser
will receive any benefit from the operation and disposition of
the property. Arevalo v. Commissioner, 469 F.3d at 439-440;
Crooks v. Commissioner, supra at 656; Arevalo v. Commissioner,
124 T.C. at 252.
If we consider the terms of the ATC pay phone agreements and
the Alpha Telcom service agreements together, Alpha Telcom was
responsible for selecting the locations of the pay phones,
negotiating site agreements with the owners or lessees of the
premises where the pay phones were to be installed, installing
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