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
W. M. BUCHANAN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Buchanan v. Commissioner
Docket No. 17375.
United States Board of Tax Appeals
20 B.T.A. 210; 1930 BTA LEXIS 2182;
July 8, 1930, Promulgated
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…
2Cases cited1 opinion
- Buchanan v. CommissionerUnited States Board of Tax Appeals · 1930