- 9 - Petitioners assert that material issues of fact regarding the termination of petitioner's status as a Life Care partner remain in dispute and that the rule in Commissioner v. Danielson, supra, is not applicable under the circumstances presented. For Federal tax purposes, the terms "partnership" and "partner" are defined in section 7701(a)(2) as follows: (2) Partnership and partner.--The term "partnership" includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title, a trust or estate or a corporation; and the term "partner" includes a member in such a syndicate, group, pool, joint venture, or organization. See sec. 761(a). The existence or nonexistence of a partnership under State law is not determinative for Federal tax purposes. Commissioner v. Tower, 327 U.S. 280, 287 (1946); Frazell v. Commissioner, 88 T.C. 1405, 1412 (1987); Hensel Phelps Construction Co. v. Commissioner, 74 T.C. 939, 947-948 (1980), affd. 703 F.2d 485 (10th Cir. 1983). In Commissioner v. Culbertson, 337 U.S. 733, 742 (1949), the Supreme Court held that, in determining whether a partnership has been formed for tax purposes, the proper inquiry is: (...continued) Coleman v. Commissioner, 87 T.C. 178, 202 n.17 (1986), affd. without published opinion 833 F.2d 303 (3d Cir. 1987), we would be obliged to follow the holding of Bradley v. United States, 730 F.2d 718 (11th Cir. 1984), if that case were directly on point. Golsen v. Commissioner, 54 T.C. 742, 756-757 (1970), affd. 445 F.2d 985 (10th Cir. 1971).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011