Revenue Precedents

A partnership determination is not necessary in the case of farmers trading in partnership. In view of section 655(2) TCA 1997, partnership determination is not required. IT892031

Whether section 1008(4) applies where the partners in a partnership decide not to allocate the full profits for a basis period to the partners? Section 1008(4) applies only where the profits to which the partners are entitled do not exhaust the profits for the period. In a case in which the partners are entitled to all of the profits but do not allocate them to any partner in particular, the sub-section does not apply. IT962007

In joint assessment cases, where income was previously returned as income of one spouse, whether a claim that both spouses are and have been in partnership can be sustained and tax treatment allowed accordingly? Whether a husband and wife are and have been in partnership is always a question of fact. Onus is on the claimants to show, as a point of fact that they are and were in partnership. IT972506