Tim H. Cusick - Page 8

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          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 simply                  





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