Buchanan v. Commissioner
United States Board of Tax Appeals
1. In a proceeding to determine the tax liability of an individual, wherein he asserts the existence of a partnership and his wife's membership in it, his mere self-serving statement that a partnership existed or was intended to exist is not sufficient.
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1. In a proceeding to determine the tax liability of an individual, wherein he asserts the existence of a partnership and his wife's membership in it, his mere self-serving statement that a partnership existed or was intended to exist is not sufficient. There must be credible evidence of acts, conduct, facts and circumstances demonstrating the alleged partner's actual participation in the business and assumption of its liabilities to those with whom the business is transacted. 2. The sharing of profits can not have the same significance in such a proceeding as in a suit to establish a…
1Opinion of the Court
*211OPINION.
SteRNhagen:
Petitioner and his wife, Anna K. -Buchanan, filed
separate individual returns for 1921 upon which each reported an alleged distributive share of one-fourth of the income of an alleged partnership called Lumber Buyers, as shown by a partnership return filed, in that name. The partnership return of Lumber Buyers showed as partners petitioner, his wife, E. R. Daley, and Mary G. Daley. Respondent, after an investigation and recommendation by a revenue agent, determined that petitioner’s wife was not a partner in Lumber Buyers, increased petitioner’s income accordingly, and found…
2Cited by7 opinions
- Berkowitz v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1939
- Champlin v. CommissionerUnited States Board of Tax Appeals · 1933
- Buchanan v. CommissionerUnited States Board of Tax Appeals · 1930
- Hall v. CommissionerUnited States Tax Court · 1980
- Poling v. CommissionerUnited States Tax Court · 1948
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