Tim H. Cusick - Page 10

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               Respondent emphasized the fact that certain partnership                
          formalities, including a written partnership agreement, were not            
          present in this case.  We do not find the absence of such                   
          formalities to be fatal to the existence of a partnership.  As              
          the Supreme Court stated in Commissioner v. Culbertson, supra at            
          744-745:                                                                    
               If, upon a consideration of all the facts, it is found                 
               that the partners joined together in good faith to                     
               conduct a business, having agreed that the services or                 
               capital to be contributed presently by each is of such                 
               value to the partnership that the contributor should                   
               participate in the distribution of profits, that is                    
               sufficient.  * * *                                                     
          See also Estate of Winkler v. Commissioner, supra.                          
               Respondent argues that even if the rental real estate                  
          activities constitute a partnership for Federal income tax                  
          purposes, the record does not contain sufficient evidence to                
          support a determination of petitioner's basis in his partnership            
          interest at the end of 1992.  We disagree.  The amount paid for             
          the Oak Street properties is in the record.  Furthermore, the               
          Pughs, petitioner's partners, were able to prepare their 1992               
          Federal income tax return reporting income and expenses from the            
          Oak Street properties.                                                      
               Petitioner asserts that in addition to all stipulated                  
          expenses and adjustments, he is entitled to deduct 50 percent of            
          the partnership expenses incurred during 1992 in the following              
          amounts:                                                                    





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