Conrad Fitzgerald Lewis - Page 16

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          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 venture             






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