Mark D. Pridgen and Kay D. Pridgen - Page 25




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             is no basis to assess tax on the unreported income against               
             petitioners as partners of Beaufort Leaf.  In support of                 
             this argument, petitioners assert that the unreported                    
             income was derived from "illegal sales of nonexistent or                 
             over-quota tobacco * * * contrary to Federal law" and were               
             made by Mr. Roberts without the knowledge, consent, or                   
             ratification of petitioners.                                             
                  According to petitioners, under North Carolina                      
             partnership law, activities are outside the scope of the                 
             partnership unless expressly authorized by the partnership               
             agreement or the other partners.  See, e.g., Shelton v.                  
             Fairley, 356 S.E.2d 917 (N.C. Ct. App. 1987); Investors                  
             Title Ins. Co. v. Herzig, 350 S.E.2d 160 (N.C. Ct. App.                  
             1986), revd. on other grounds 360 S.E.2d 786 (N.C. 1987);                
             see also Reed Coal Co. v. Fain, 89 S.E. 29 (N.C. 1916).                  
             Petitioners assert that Beaufort Leaf's oral partnership                 
             agreement did not authorize Mr. Roberts to engage in such                
             illegal activities.  Thus, petitioners argue that the                    
             income realized is not includable in Beaufort Leaf's gross               
             receipts.                                                                
                  In further support of this argument, petitioners                    
             assert that neither Beaufort Leaf nor petitioners knew of                
             or received any economic benefit from Mr. Roberts' illegal               
             sales of tobacco, and, therefore, only Mr. Roberts is                    





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