- 11 - partner earned income as part of the partnership’s activity or on his own. Respondent contends that the engineering income that Trisch earned doing business as DRD from 1989 through 1993 was DRD partnership income. We disagree. Petitioner, Trisch, and Pace established DRD as a partnership to buy and hold rental real estate. Trisch’s engineering services were outside the scope of his partnership with petitioner. Petitioner and Trisch did not combine their money or labor to provide engineering services, and there was no community of interest in the profits or losses from engineering services. Trisch and Lashley concealed Trisch’s engineering services activities from petitioners, used the engineering income for personal purposes, and concealed from petitioners income and assets that they bought with that income. Petitioner did not receive any benefit from the income from engineering services. He did not intend that the engineering income be a DRD activity because he did not know about that activity. Respondent speculates that Trisch’s real purpose in concealing income may have been to conceal it or DRD’s assets from his former spouse. There is no evidence to support that theory. Respondent contends that, under Commissioner v. Culbertson, 337 U.S. 733, 741-742 (1949), Trisch’s engineering services werePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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