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This entry was published on 2014-09-22
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Rules for determining the existence of a partnership
Partnership (PTR) CHAPTER 39, ARTICLE 2
§ 11. Rules for determining the existence of a partnership. In
determining whether a partnership exists, these rules shall apply:

1. Except as provided by section twenty-seven persons who are not
partners as to each other are not partners as to third persons.

2. Joint tenancy, tenancy in common, tenancy by the entireties, joint
property, common property, or part ownership does not of itself
establish a partnership, whether such co-owners do or do not share any
profits made by the use of the property.

3. The sharing of gross returns does not of itself establish a
partnership, whether or not the persons sharing them have a joint or
common right or interest in any property from which the returns are

4. The receipt by a person of a share of the profits of a business is
prima facie evidence that he is a partner in the business, but no such
inference shall be drawn if such profits were received in payment:

(a) As a debt by installments or otherwise,

(b) As wages of an employee or rent to a landlord,

(c) As an annuity to a surviving spouse or representative of a
deceased partner,

(d) As interest on a loan, though the amount of payment vary with the
profits of the business,

(e) As the consideration for the sale of the good-will of a business
or other property by installments or otherwise.