Edward D. Lang and Sharon A. Lang - Page 15




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               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.                                                                 






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