Comtek Expositions, Inc. - Page 34

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          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.                                                        









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