- 25 - 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 isPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011