- 8 - signature card for the Orad account, and that they each signed a partnership agreement. Furthermore, petitioner notes that Orad is Daro's name spelled backwards. Although a partnership certificate was signed by both petitioner and Daro, the terms of the agreement relate exclusively to the Orad joint checking account. The agreement is a one-page document that addresses the relationship of petitioner, Daro, and the bank relative to the joint checking account; the document does not address the signatories' business relationship, if any. Accordingly, we find that this agreement alone does not demonstrate petitioner's and Daro's intent to carry on a business as partners. In addition, such an intent was specifically denied by Daro. Daro testified that she was not a partner in Orad, that she had nothing to do with Orad, and that petitioner operated Orad exclusively. This testimony is supported by the record, since every check drawn on the Orad account was endorsed by petitioner. Thus, it appears that petitioner had exclusive control over Orad's income. Petitioner argues that both she and Daro received distributions from Orad, indicating a partnership relationship. Specifically, petitioner noted that a $1,000 check drawn on the Orad account was made out to Daro. Respondent argues that this payment to Daro was merely a reimbursement of one half of the $2,000 contributed to Orad by Cena. Daro corroborated respondent's argument, noting that Cena contributed $2,000 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011