Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 251

                                                -319-                                                   
            formed a good faith intent to conduct an enterprise with a                                  
            business purpose.  The STJ report implicitly accepted Kanter’s                              
            testimony that Century Industries (as opposed to Kanter and                                 
            Weisgal) earned the commitment fees in exchange for the                                     
            partnership’s evaluating and considering whether it would invest                            
            in various business opportunities presented to it.                                          
            D.  Analysis                                                                                
                  In Commissioner v. Culbertson, supra, the Supreme Court held                          
            that to be treated as a partner in a partnership for Federal                                
            income tax purposes, a person must have contributed either                                  
            capital or services to the partnership.  Id. at 738-740.                                    
            However, in Culbertson, the Court declined to impose a rigid                                
            standard for determining partner status and instead held the                                
            governing test is “whether, considering all the facts * * * the                             
            parties in good faith and acting with a business purpose intended                           
            to join together in the present conduct of the enterprise.”  Id.                            
            at 742.                                                                                     
                  After Culbertson, Congress enacted statutory provisions to                            
            address the recognition of partners in family partnerships in                               
            which capital is a material income-producing factor.                                        
            Specifically, section 704(e)(1) provides, as to partnerships in                             
            which capital is a material income-producing factor, that a                                 
            person owning a capital interest in such a partnership must be                              
            recognized as a partner, whether that person’s capital interest                             






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