10 The burden of proof is not altered by submission of the case fully stipulated under Rule 122. Rule 122(b). Determining when a partnership is formed is a question of fact. Sparks v. Commissioner, 87 T.C. 1279, 1282 (1986). For Federal income tax purposes, a partnership comes into existence "`when the parties to a venture join together capital or services with the intent of conducting presently an enterprise or business.'" Antonides v. Commissioner, 91 T.C. 686, 698 (1988), (quoting Sparks v. Commissioner, supra at 1282), affd. 893 F.2d 656 (4th Cir. 1990). A partnership is deemed to be formed as of the date that the first parties to the venture acquired their respective capital interests in such partnership. Sparks v. Commissioner, supra at 1283. To qualify as a partner, each party must contribute capital or services to the partnership. Id. In determining a partner's investment tax basis with respect to partnership property, the regulations provide: "each partner shall take into account separately, * * *, his share of the basis of partnership new section 38 property and his share of the cost of partnership used section 38 property placed in service by the partnership during such partnership taxable year." Sec. 1.46- 3(f)(1), Income Tax Regs. As a general rule "Each partner's share of the basis (or cost) of any section 38 property shall be determined in accordance with the ratio in which the partners divide the general profits of the partnership". Sec. 1.46- 3(f)(2)(i), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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