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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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