- 10 - 393 F.2d 573 (9th Cir. 1968), affg. T.C. Memo. 1966-283); sec. 1.702-1(b), Income Tax Regs. Section 761(a) defines a partnership for Federal income tax purposes essentially as a group, joint venture, or other unincorporated organization through which any business, financial operation, or venture is carried on. See also sec. 7701(a)(2) and sec. 1.761-1(a), Income Tax Regs., under which the term "partnership" is defined more broadly than the common law meaning of partnership. Petitioners argue that our holding in Krause v. Commissioner, supra, disallowing under section 183 claimed partnership losses for lack of profit objective (and any holding herein to the same effect with regard to Boulder, Tech-1979, and Winfield) effectively constitutes a holding that the purported partnerships did not constitute legal partnerships. Petitioners argue therefrom that in the instant cases Boulder, Tech-1979, and Winfield must be regarded by the Court as something other than legal partnership entities and that a partnership entity level analysis of profit objective should not be applied. Petitioners argue further that the Court has no option in these cases but to apply section 183 at the individual partner level with regard to each and every partner in Boulder, Tech-1979, and Winfield. Citing section 761(a) and section 301.7701-3(a), Proced. & Admin. Regs., petitioners argue further that partnerships lacking in profit objective are to be regarded as not engaged in anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011