John Weller Wood, Jr., and Magdalena Frances Wood - Page 29

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          independently recognizable entity apart from its partners, and              
          that business conducted by a partnership is considered apart from           
          any business activity conducted by its partners on their own                
          behalves.  See, e.g., Madison Gas & Elec. Co. v. Commissioner,              
          633 F.2d 512, 517 (7th Cir. 1980) (expenses were characterized as           
          “pre-operational costs” of the partnership even though the                  
          general partner was already in the same business), affg. 72 T.C.            
          521 (1979); Brannen v. Commissioner, 78 T.C. 471, 505 (1982)                
          (“the partnership is an independently recognizable entity apart             
          from its partners for the purposes of the calculation of its                
          taxable income under section 703”), affd. 722 F.2d 695 (11th Cir.           
          1984); see also Polakof v. Commissioner, 820 F.2d 321, 323 (9th             
          Cir. 1987) (in characterizing partnership income “it is the                 
          dominant economic motive of the partnership, not that of the                
          individual investors, that is determinative”), affg. T.C. Memo.             
          1985-197; Tallal v. Commissioner, 778 F.2d 275, 276 (5th Cir.               
          1985) (“When the taxpayer is a member of a partnership, we have             
          interpreted 26 U.S.C. � 702(b) to require that business purpose             
          must be assessed at the partnership level.”), affg. T.C. Memo.              
          1984-486.  Moreover, petitioner was a limited partner of MSPR,              
          Ltd.  He did not actively participate in the conduct of the                 
          partnership business.                                                       
               The frequency of the taxpayer’s sales “is highly probative             
          in the real estate context because the presence of frequent sales           






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