Patrick F. and Arlene G. Sheehy - Page 7

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          Kantor v. Commissioner, 998 F.2d 1514, 1521 (9th Cir. 1993),                
          affg. in part and revg. in part T.C. Memo. 1990-380.                        
               Petitioners rely on Cleveland v. Commissioner, 297 F.2d 169            
          (4th Cir. 1961), affg. in part, revg. in part and remanding 34              
          T.C. 517 (1960), and Green v. Commissioner, 83 T.C. 667 (1984),             
          to support their contention that petitioner was an active                   
          participant in RCC.                                                         
               In Cleveland, Mr. Cleveland, an attorney, formed an informal           
          partnership with Hans Kerla, an inventor and chemist.  Kerla was            
          working on the development and commercialization of an inorganic            
          binding material.  Cleveland provided the funding, and Kerla                
          performed the experiments.  Id. at 170.  Cleveland also used his            
          business contacts to market Kerla's invention.  Id. at 171.  The            
          Court of Appeals concluded that Cleveland and Kerla were involved           
          in a joint venture:                                                         
               Each of the parties was to participate in the                          
               enterprise, Kerla giving his time and effort and                       
               Cleveland providing the necessary funds, and they were                 
               to share equally in the avails thereof.  * * *                         
               Cleveland was thereafter engaging with Kerla in the                    
               trade or business of promoting the commercial                          
               development of the invention in which Cleveland was the                
               owner of a participating one-half interest.                            
          Id. at 173-174.                                                             
               According to petitioners, petitioner was as active a                   
          participant in RCC as Mr. Cleveland was in his joint venture.               
          However, they have not shown that petitioner's contribution to              
          RCC was comparable to Mr. Cleveland's efforts on behalf of his              




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