- 15 - Trisch’s relationship to petitioner does not suggest that Trisch’s testimony would favor petitioner. Respondent listed Trisch as a witness on the pretrial memorandum submitted to the Court; petitioners did not. Neither party called Trisch to testify. We infer that Trisch was equally available to both parties, and we do not apply the adverse inference rule. 6. Conclusion We conclude that Trisch’s engineering income was not income of the DRD partnership in the years in issue.5 C. Whether Real Estate Rental Income Earned Doing Business as DRD From 1989 Through 1993 Was Outside the Scope of the Partnership Petitioners contend that any DRD real estate rental income or loss in the years in issue was not partnership income because Trisch owned the properties that generated rental income or loss during the years in issue. We disagree. Trisch bought mobile homes in New Mexico and Texas in DRD’s name. Real property acquired in the name of the partnership is partnership property. See Tex. Rev. Civ. Stat. Ann. art. 6132b, sec. 2.05(a)(1) (West 1990). DRD was formed to own rental real property. DRD did not terminate for Federal tax purposes before Trisch acquired that property. See par. II-A, above. Income earned within the scope of a partnership is partnership income. 5 For similar reasons, we conclude that farming was not a DRD activity.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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