- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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