- 34 - prove the existence of an agreement to join in a joint venture to share profits or losses or both as required by Commissioner v. Tower, 327 U.S. 280 (1946). Rather, it reflects a continuation of the prior understanding or course of dealing between petitioner and Crocus to have their resources available at specific times and places to conduct foreign trade shows. The existence or lack of a written agreement is not determinative of whether a joint venture existed between petitioner and Crocus. Sierra Club v. Commissioner, 103 T.C. at 324; Cohen v. Commissioner, 15 T.C. 261, 272 (1950) (The absence of an express agreement to share in losses is not material, since such an agreement may be implied from their agreement to share profits). In Beck Chem. Equip. Corp. v. Commissioner, 27 T.C. 840 (1957), we found there was a joint venture on the basis of an oral agreement between the parties. Even though petitioner claims there was an oral agreement between petitioner and Crocus to an equal split of net profits from foreign trade shows conducted from 1990 to 1996, petitioner has not introduced any documentary or testimonial evidence of the existence of any such alleged oral agreement. Petitioner has provided no evidence to show that it and Crocus did in fact split net profits equally.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011