Laws, Regulations & Annotations

P

660.0000 POSSESSORY INTEREST

Annotation 660.0018

660.0018 Analysis of Requirements—Satellite Wagering. In determining the existence of a taxable possessory interest under a written instrument, an objective standard rather than the literal language of the written instrument controls in ascertaining the nature of the relationship established. Because of the variety of interests that may be created by written instruments, the question of whether a taxable possessory interest has been created must be decided on a case-by-case basis by considering the factors of durability, exclusiveness, private benefit and independence. In each case, judgment is to be made by examination of the writing in its entirety.

Review of the written instrument presented concerning the operation of satellite wagering at the Sonoma County Fairgrounds in the light of the above enumerated factors leads to the conclusion that a taxable possessory interest has been created. C 8/31/1993.