Estate of James R. Tobias, Deceased, V. Pauline Tobias, Executrix, and Verna P. Tobias, Surviving Spouse - Page 7




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             farming equipment, such as a hay rake and a baler.                       
             Finally, the State court found that the partnership owned                
             no land but that the value of certain fixtures and                       
             improvements to land occupied by the partnership was                     
             $144,234.                                                                
                  The State court ordered all partnership assets                      
             remaining after payment of partnership liabilities,                      
             including cash, to be distributed to James' estate "to                   
             repay on a dollar-for-dollar basis to the extent of such                 
             assets the contributions to capital made by James R.                     
             Tobias."  The State court allocated none of the remaining                
             partnership assets to Darwin.  It is implicit in the order               
             of the State court that the proceeds from the sale of the                
             equipment would not equal James' disproportionately large                
             capital contributions.                                                   
                  From 1965 until 1992, James treated the animal farm                 
             business as a sole proprietorship and reported the entire                
             income from the business on his individual tax returns.                  
             After the State court found that the business was a                      
             partnership, James caused the partnership to file returns                
             for the years 1990 through 1993.  Darwin did not                         
             participate in the preparation or filing of the partnership              
             returns.                                                                 








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