- 10 - that we place ownership of an activity or business conducted through an unincorporated association. This is no easy task as none of the many indicia of ownership are determinative. Nevertheless, for the following reasons, we agree with respondent. Although we make no finding on the point, for convenience we proceed as though during each year in issue Malone Music constituted a trade or business within the meaning of section 162 and turn our attention to which individual or individuals were “carrying on” that trade or business during those years. In so doing we note that the services offered by Malone Music are best described as labor-intensive and examine: (1) Ownership of the assets used in the business; (2) what individuals provided the necessary labor; and (3) how Malone Music was held out to, and/or perceived by the general public. Beginning with the last criterion, the Assumed Name Records Certificate of Ownership for Unincorporated Business or Profession, filed March 12, 1998, with the Clerk of Travis County, Texas, describes Malone Music as a “proprietorship” owned by petitioner. To that extent, petitioner publicly holds himself out as the owner of the business, subject to whatever benefits and burdens that might flow as a result. Nevertheless, petitioner is nowhere named in any of the written promotional materials published by Malone Music. Rather those materialsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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