Estate of Birnie M. Davenport, Deceased, Patricia L. Vestal, Personal Representative - Page 23

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            stocks and no short-term capital gains.  On the facts presented,                             
            we conclude that Birnie and Elizabeth were not in a business                                 
            partnership but were merely co-owners of the 3,220 shares of                                 
            Hondo stock.  See King v. Commissioner, 89 T.C. 445, 458-459                                 
            (1987) (an investor is never considered to be engaged in a trade                             
            or business with respect to his investment activities).                                      
                  It has long been settled in Oklahoma that joint ownership of                           
            real or personal property does not necessarily constitute a                                  
            partnership.  Logan v. Oklahoma Mill Co., 79 P. 103 (Okla. 1904).                            
            Similarly, “Investment in oil and gas leases as cotenants or co-                             
            owners gives no presumption of the existence of partnership.  In                             
            fact, it is presumed, in the absence of a contrary showing, such                             
            ownership is merely a cotenancy.”  Singer v. Singer, supra at 771                            
            n.11 (citations omitted).                                                                    
                  Petitioner places great reliance on Ryza v. Commissioner,                              
            T.C. Memo. 1977-64, in which this Court found two individuals                                
            were engaged in a partnership for Federal tax purposes.  Ryza is                             
            distinguishable from the instant case.  First, Ryza used Federal                             
            tax principles to determine if a partnership existed; in the                                 
            instant case we look to Oklahoma law because the question of                                 
            whether a partnership existed is relevant to determine if Birnie                             
            had a sufficient property interest such that she could make a                                
            gift of Hondo stock.  Second, even if we were to look to Federal                             
            tax cases for guidance, Ryza involved two taxpayers who conducted                            
            several businesses (buying, repairing, and selling Volkswagens,                              




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