My experience is that the IRS expects the original title (first one after the manufacturer's statement of origin) to be the taxpayer claiming credit, at least based on their interpretation of the tax credit for neighborhood electric vehicles. They also expect that the vehicle is put into service by the taxpayer as well, whether for personal use or lease. In another thread someone mentioned the possibility of having a relative "own" the car and claim the tax credit because he/she didn't have enough tax liability to claim it. You may be able to get away with that argument, but if the IRS does contest it, you'll be going through tax court to do it. You'll have to pay the tax credit back, plus penalty, and then appeal it to the IRS and to the courts. You'll get the money back if you win.
(I'm currently involved in another tax court case involving an electric vehicle credit, the IRS takes some very odd positions...)
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Some of these may not be detectable by the IRS, but if you get audited it would be uncovered. In 2009, many people purchased neighborhood electric vehicles because the IRS would allow a tax credit of up to $6k or so (and it just so happens that the manufacturers could make a reasonable profit by selling those vehicles for that price). I have read of many people purchasing the vehicles, and then selling them in the subsequent year.
The IRS won't know that for many people, but some were audited and as a result, the IRS took the position that the asset wasn't held long enough to sustain the "not-for-resale" requirement of the tax credit. They were forced to pay the credit back with penalties and interest, and then they could go fight the opinion in tax court if they wished.
