- 8 - coownership of property does not create a partnership for Federal income tax purposes, see Estate of Appleby v. Commissioner, 41 B.T.A. 18 (1940), affd. 123 F.2d 700 (2d Cir. 1941), coowners may also be partners if they or their agents carry on the requisite degree of business activities, Hahn v. Commissioner, 22 T.C. 212 (1954); Bentex Oil Corp. v. Commissioner, 20 T.C. 565 (1953); Estate of Winkler v. Commissioner, T.C. Memo. 1997-4; Gabriel v. Commissioner, supra; Marinos v. Commissioner, T.C. Memo. 1989- 492; Powell v. Commissioner, T.C. Memo. 1967-32. Section 1.761- 1(a), Income Tax Regs., provides as follows: A joint undertaking merely to share expenses is not a partnership. For example, if two or more persons jointly construct a ditch merely to drain surface water from their properties, they are not partners. Mere co- ownership of property which is maintained, kept in repair, and rented or leased does not constitute a partnership. For example, if an individual owner, or tenants in common, of farm property lease it to a farmer for a cash rental or a share of the crops, they do not necessarily create a partnership thereby. Tenants in common, however, may be partners if they actively carry on a trade, business, financial operation, or venture and divide the profits thereof. For example, a partnership exists if co-owners of an apartment building lease space and in addition provide services to the occupants either directly or through an agent. * * * [Emphasis added.] The arrangement between petitioner and the Pughs is a joint venture carrying on a "business, financial operation, or venture" and therefore falls within the literal statutory definition of partnership. By the Commissioner's own regulation, the arrangement is not taken out of this classification simplyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011