Edward D. Lang and Sharon A. Lang - Page 11




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          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 were              






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