Comtek Expositions, Inc. - Page 37

                                       - 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

Last modified: May 25, 2011