- 29 - 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 salesPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011