- 21 - McDonald and Maynard split partnership profits by a ratio of approximately 37 to 63 percent. More in line with the statutory notices, Agent Pease’s analysis reflected that the 1989 return preparation ratio between Maynard and McDonald was about 60 percent to 40 percent, respectively. McDonald, however was responsible for the administrative duties, including billing, banking, record keeping, etc. Other than their self-serving testimony, petitioners have not produced any evidence of a partnership agreement. In addition, petitioners’ financial transactions, which included shifting relatively large amounts of cash between petitioners and their families, combined with petitioners' indiscriminate use of reported and unreported bank deposits for personal purposes, and their failure to distinguish between interests in the partnership and corporate entities, severely weaken petitioners’ credibility regarding their alleged partnership arrangements. Petitioners’ position that Maynard was entitled to the partnership profits in excess of $6,000 defies belief and is wholly unsupported by the evidence in the record. On the other hand, respondent, although determining in the notices of deficiency a ratio of about 37 percent to 63 percent for McDonald and Maynard, respectively, argues on brief that the partnership income should be split 50 percent-50 percent, as reflected on the Schedules K-1. We do not find the 50 percent-50 percent reported position of petitioners to be any more persuasive or less self-Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011