-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 interestPage: Previous 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 Next
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