- 15 - Plaza satisfactorily from May 1998 to July 2002. The rent was $695.00 per month.” The expenses evidenced by the above-mentioned phone bills and utility bills appear, from the text of the bills, to be incurred not for the business, “Your Future Style”, but for “Kiddy Cuts and Styles”. The record is not entirely clear as to the transition of business operations from “Kiddy Cuts and Styles” to “Your Future Style”. However, we surmise the following facts. It appears that out of convenience and for “bad credit” reasons, petitioner transferred the utility and phone accounts from “Kiddy Cuts and Styles” to his business. In doing so, he did not change the name of the business on the utility and phone account official records. Petitioner’s testimony and Ms. Lewis’s Forms 1040 establish that “Kiddy Cuts and Styles” ceased business operations in 1998 and that the charges shown on the above-mentioned phone bills and utility bills were, in fact, incurred in the operation of the business, “Your Future Style”. At first glance, the business relationship between Ms. Lewis and petitioner outwardly resembles a joint venture or a partnership. Whether a valid partnership exists for Federal income tax purposes is governed by Federal law. See Commissioner v. Culbertson, 337 U.S. 733 (1949). As pertinent here, a partnership for Federal income tax purposes is defined in section 761(a) as “a * * * joint venturePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011