Stanley P. Zurn - Page 19

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          translated into the recovery of payables owed Cities or the                 
          judgment from litigation pursued against the prime contractor.              
               Initially, one of the documents provided that petitioner was           
          to receive a 50-percent profit from the Century project.  That is           
          a strong indication that he was in a joint venture with Ms.                 
          Jackson.  At that point, petitioner had advanced about $167,000.            
          Subsequently, petitioner advanced several hundred thousand                  
          dollars in addition to the $167,000, and he was assigned all MCM            
          progress payments by Ms. Jackson.                                           
               A case that also was beset by complexity caused by a                   
          shortage of formal documentation is Stanchfield v. Commissioner,            
          T.C. Memo. 1965-305.  In that case, the taxpayer had advanced               
          money that, ultimately, was used by a corporate entity in which             
          the taxpayer had no ownership.  In that case, it was held that              
          the taxpayer was a venturer, and, additionally, he had lent money           
          to the venture.                                                             
               One hundred thousand dollars of the $677,652 advanced here             
          is easily segregated as being for the machinery leased by                   
          petitioner to Cities.  The remaining $577,652, however, could be            
          divided between petitioner's capital investment in the joint                
          venture and his advances or loans.  It is a paradox that the                
          early advances were evidenced by notes and that the later                   
          advances were not.  That inconsistency can be attributed to                 
          several possibilities, including the need to keep petitioner's              






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