Estate of Birnie M. Davenport, Deceased, Patricia L. Vestal, Personal Representative - Page 20

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            that Birnie's failure to exercise her statutory rights operated                              
            as a waiver of her rights which allowed the partnership property                             
            to remain in Elizabeth's name subject to distribution by her                                 
            executors in accordance with the terms of her will.                                          
            Agreement Between Birnie and Elizabeth                                                       
                  Respondent contends that no business partnership was formed                            
            and that the assets that the sisters acquired were merely                                    
            personal assets which Birnie and Elizabeth jointly owned.                                    
            Petitioner argues that because the sisters created a business                                
            partnership, Birnie's actions (or inaction) subsequent to                                    
            Elizabeth's death resulted in the partnership's assets being left                            
            in Elizabeth's name and thus being disposed of through                                       
            Elizabeth's estate with the consequence that Birnie did not have                             
            a sufficient interest in the Hondo stock to make a gift of that                              
            stock.                                                                                       
                  Section 301.7701-1(c), Proced. & Admin. Regs., provides, in                            
            pertinent part, as follows:                                                                  
                  Although it is the Internal Revenue Code rather than                                   
                  local law which establishes the tests or standards                                     
                  which will be applied in determining the classification                                
                  in which an organization belongs, local law governs in                                 
                  determining whether the legal relationships which have                                 
                  been established in the formation of an organization                                   
                  are such that the standards are met.  Thus, it is local                                
                  law which must be applied in determining such matters                                  
                  as the legal relationships of the members of the                                       
                  organization among themselves and with the public at                                   
                  large, and the interests of the members of the                                         
                  organization in its assets.                                                            







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