- 6 - to support petitioner’s claim that the Corporation executed that note as the Partnership’s agent or that the Partnership was liable for the note’s repayment. Nor is there any evidence of a written agreement identifying the Corporation as the Partnership’s agent, or evidence that the Corporation was held out as the partnership’s agent in dealings with LAG or another third party. See Commissioner v. Bollinger, 485 U.S. 343, 349- 350 (1988). Our conclusion is supported by the fact that the Corporation’s role in the Partnership was to secure funds for the Partnership and that the record is barren as to any obligation or effort on the part of the Partnership to secure its own funds. Nor do we find that any of the Partnership’s partners, except the Corporation, had such an obligation. In fact, each of the partners appears to have contributed something unique to the Partnership. In the case of Messrs. Schadeck and Lettunich, for example, the former contributed his rights in the underlying patent, and the latter contributed his legal skills and his labor. The Corporation expected to, and did, generate and contribute funds to the Partnership. We hold that the Partnership was not liable for any part of the $400,000 owed to LAG and, accordingly, that no partner is entitled to increase his or its basis in the Partnership on account of that debt. We have considered all arguments for aPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011