- 63 - were not engaged in a partnership with respect to the Angel-Royse Property. A partnership is an organization for the production of income to which each partner contributes one or both of the ingredients of income, capital, or services. Commissioner v. Culbertson, 337 U.S. 733, 740 (1949). In determining whether there is a partnership, we consider the following factors: The agreement of the parties and their conduct in executing its terms; the contributions, if any, which each party has made to the venture; the parties' control over income and capital and the right of each to make withdrawals; whether each party was a principal and coproprietor, sharing a mutual proprietary interest in the net profits and having an obligation to share losses, or whether one party was the agent or employee of the other, receiving for his services contingent compensation in the form of a percentage of income; whether business was conducted in the joint names of the parties; whether the parties filed Federal partnership returns or otherwise represented to respondent or to persons with whom they dealt that they were joint venturers; whether separate books of account were maintained for the venture; and whether the parties exercised mutual control over and assumed mutual responsibilities for the enterprise. [Luna v. Commissioner, 42 T.C. 1067, 1077-1078 (1964).] In order for there to exist a partnership, the parties must conduct some business activity. Madison Gas & Elec. Co. v. 44(...continued) I trust you will recall that Walter and Roger discussed with you and I a settlement of the existing dispute over the Royse-Angell property by an even exchange of Walter’s interest in the Arrowhead Lakes property for Roger’s interest in the Royse-Angell property. Walter apparently feels that he can salvage the Angell-Royse property and has directed me to proceed with the proposed settlement. * * *Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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