- 20 - Whether a valid partnership exists for Federal tax purposes is governed by Federal law. See Commissioner v. Culbertson, 337 U.S. 733 (1949); Lusthaus v. Commissioner, 327 U.S. 293 (1946); Commissioner v. Tower, 327 U.S. 280 (1946); Evans v. Commissioner, 447 F.2d 547, 550 (7th Cir. 1971); Frazell v. Commissioner, 88 T.C. 1405, 1412 (1987); Wheeler v. Commissioner, T.C. Memo. 1978-208. Section 761 of the Code defines the term "partnership" as follows: (a) PARTNERSHIP.--For purposes of this sub- title, the term "partnership" includes a syndicate, group, pool, joint venture or other unincorporated organization through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title [subtitle], a corpora- tion or a trust or estate. * * * See also sec. 7701(a)(2). The term "partnership" as defined by the Code is broader in scope than the common law meaning of partnership, and may include groups not traditionally considered partnerships. Sec. 1.761-1(a), Income Tax Regs.; sec. 301.7701-3(a), Proced. & Admin. Regs. A partnership is created "when persons join together their money, goods, labor, or skill for the purpose of carrying on a trade, profession, or business and when there is a community of interest in the profits and losses." Commissioner v. Tower, supra at 286. Generally, "eachPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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