- 37 - regarding the total gross revenues from foreign trade shows during the periods at issue and the 10 percent thereof received by Crocus from exhibitors located in the former Soviet Union that Crocus retained fees collected from such exhibitors as compensation for its services in operating the foreign trade shows. The owner of a business may agree to compensate a hired manager or key employee with a percentage of the income of the business, or a broker may be retained to sell property for a commission based on the net or gross sales price. Even though both arrangements may culminate in a division of profits, neither constitutes a partnership unless the arrangement results in the parties’ becoming coproprietors. In Luna v. Commissioner, 42 T.C. 1067 (1964), we held there was no partnership where the taxpayer was to receive a percentage of the renewal commissions from an insurance policy he had designed in exchange for his management services to the insurance company. In so holding, we focused on the following: That neither the taxpayer nor the insurance company in any way indicated, prior to the suit, an intent to join together as partners; partnership tax returns were not filed, and neither party held itself out to others as a joint venturer with the other party; the taxpayer was not authorized to engage in the insurance business except as an agent selling insurance policies;Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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