John C. Vanderschraaf and Cornelia Vanderschraaf, et al. - Page 11

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          trade or business and that in such situations the partners'                 
          investments should be regarded as the mere coownership of                   
          property.  We disagree.                                                     
               Petitioners' specific arguments herein were rejected in                
          Madison Gas & Elec. Co. v. Commissioner, 72 T.C. 521, 561-563               
          (1979), affd. 633 F.2d 512 (7th Cir. 1980).  In Madison Gas &               
          Elec. Co., it was concluded that under section 761(a) a                     
          partnership may exist even without a profit objective.  Section             
          761(a) merely requires an “unincorporated organization, through             
          or by means of which any business, financial operation, or                  
          venture is carried on."  Madison Gas & Elec. Co. v. Commissioner,           
          633 F.2d at 514; see also Pasternak v. Commissioner, 990 F.2d at            
          900 (tax shelter cotenancies treated as partnerships under                  
          sections 761(a) and 7701(a)(2)); Brannen v. Commissioner, supra             
          at 512 n.16 (tax shelter partnership not engaged in business for            
          profit under section 183 treated as partnership under section               
          761(a)).                                                                    
               In National Commodity & Barter Association v. United States,           
          843 F. Supp. 655, 659, 661 (D. Colo. 1993), affd. without                   
          published opinion 42 F.3d 1406 (10th Cir. 1994), an entity that             
          was organized largely to resist taxes was treated as a                      
          partnership under section 761.                                              
               Petitioners cite certain court opinions out of context.  In            
          Commissioner v. Culbertson, 337 U.S. 733, 740 (1949), the Supreme           
          Court stated that a partnership constitutes an organization for             




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