Life Care Communities of America, LTD., a Florida Limited Partnership, Robert W. and Johanna McMichael, Partners Other Than the Tax Matters Partner - Page 11

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          agreement to which he is a party where the agreement includes               
          specific allocations or characterizations evincing tax                      
          consequences.  See Schatten v. United States, 746 F.2d 319, 321-            
          322 (6th Cir. 1984) (per curiam); Bradley v. United States,                 
          supra; Spector v. Commissioner, 641 F.2d 376 (5th Cir. 1981),               
          revg. 71 T.C. 1017 (1979).  Accordingly, an application of the              
          Danielson rule does not abrogate our obligation to consider other           
          factors such as the conduct and relationship of the parties.                
          Commissioner v. Culbertson, supra.                                          
               The record in this case includes conflicting assertions as             
          to whether petitioner remained a Life Care partner following the            
          execution of the settlement agreement on January 12, 1989.6  In             
          addition to the inferences that may be drawn from the agreements,           
          we note that Life Care issued Forms K-1 to petitioner for the               
          taxable years 1989 and 1990 suggesting that the partnership                 
          considered petitioner a partner during those periods.  On the               
          other hand, there is no dispute that the parties negotiating the            
          settlement agreement recognized that the animosity between                  
          petitioner and Smith and Fowler would preclude the continuation             
          of the partnership as originally formed.  In addition, petitioner           
          submitted an affidavit stating that it was the intent of the                
          parties to the settlement agreement that petitioner would no                


          6  It appears that petitioner concedes that he was a partner                
          until Jan. 12. 1989.                                                        




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