- 23 - 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,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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