Estate of Ellie B. Williams, Deceased, Robert M. Driggers, Sr., Personal Representative, et al. - Page 16

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          partnership is created if persons join together their money,                
          goods, labor, or skill to carry on a business and there is a                
          community of interest in the profits and losses.  Commissioner v.           
          Tower, 327 U.S. 280, 286 (1946).  Petitioners also point out that           
          a partnership may exist if there is joint activity, joint                   
          ownership of bank accounts, the sharing of profit and loss, and             
          relinquishment or delegation of management duties to another                
          partner or coowner.  Bussing v. Commissioner, 89 T.C. 1050, 1060-           
          1062 (1987); Burde v. Commissioner, 43 T.C. 252, 263, 266 (1964),           
          affd. 352 F.2d 995 (2d Cir. 1965); Brady v. Commissioner, 25 T.C.           
          682, 688 (1955).  Petitioners also cite the Uniform Partnership             
          Act, which identifies three requirements necessary to establish a           
          partnership:  (1) The active conduct of a business (2) for profit           
          (3) by two or more persons as coowners.  Fla. Stat. Ann. sec.               
          620.585 (West 1993).                                                        
               Petitioners' partnership theory misses the mark.  First,               
          petitioner and decedent did not form a partnership under Florida            
          law because they did not coown the property used to produce                 
          timber and turpentine and they made no agreement to share losses.           
          Second, decedent (and not a partnership) owned the property when            
          she transferred the undivided interests to petitioner.  Third,              











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