Estate of Birnie M. Davenport, Deceased, Patricia L. Vestal, Personal Representative - Page 22

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            business purpose, intended to form a partnership.  Commissioner                              
            v. Culbertson, 337 U.S. 733 (1949).                                                          
                  We find that Elizabeth and Birnie did not intend to form a                             
            partnership but intended to share their incomes and property much                            
            as a married couple might.  References to a business partnership                             
            in certain documents as well as in some of the testimony                                     
            presented at trial appears to be a loose description of the                                  
            sisters' arrangement rather than an attempt to define the                                    
            arrangement in legal terms.  We find Ms. Childs' description of                              
            the arrangement to be accurate when she stated:  “They had no                                
            written articles of partnership, no written agreements, it's just                            
            the way you did things.  Just as if someone in this room and I                               
            were to open an account and each put $5,000 in it and decide to                              
            invest it, we would just rock along and we'd each report our half                            
            of the gains and losses and that sort of thing.”  Elizabeth and                              
            Birnie were not engaged in a “trade, business, or profession.”                               
            Although they combined their incomes into joint accounts and                                 
            purchased various stocks, this merely amounted to co-ownership of                            
            the various accounts and stock.  The evidence fails to support a                             
            conclusion that the sisters had a business relationship.  On her                             
            1980 Federal income tax return, Birnie reported dividends from                               
            only three companies in the amounts of $12,391, $48,300, and                                 
            $1,350 and from the Estate of Elizabeth Davenport in the amount                              
            of $4,269.  Additionally, on her 1980 return, Birnie only                                    
            reported long-term capital gains from the sale of three different                            




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