- 7 - As a preliminary matter, we consider respondent's contention that petitioner's agent Coopers & Lybrand has admitted the nonexistence of a valid partnership. In a letter to respondent, Coopers & Lybrand stated that they agreed with respondent's determination that BCI and State Savings had not formed a valid partnership. This letter represents nothing more than an accountant's conclusion after applying law to facts. We must conduct our own analysis. Representatives of BCI and State Savings testified that they intended to form a partnership at the time of the transaction, and we found them to be highly credible witnesses. The parties agreed that BCI would contribute real estate expertise and manage the property, while State Savings would make funds available for the acquisition or development of the 70-Acre Tract. In addition, the partnership filed contemporaneous information returns and issued Schedules K-1. Respondent contends that State Savings contributed nothing of value to the partnership. Petitioner contends, however, that the parties to the transaction considered State Savings' commitment to make funds available a contribution of a valuable service. The Supreme Court has indicated that the services or capital contributed by a partner need not meet an objective standard. See Commissioner v. Culbertson, supra at 742-743. The Court further stated:Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011