- 9 - 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, installingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008