Cahill v. Comr., T.C. Memo. 2013-220

(petitioner paid for work done on behalf of partnership and received K-1showing $175,000 as guaranteed payment; petitioner claimed that amount was loan and that he wasn't partner during tax year because not signatory to partnership's amended and revised operating agreement; court determined partnership existence based on all of the facts and valid business purpose; court determined that facts showed partnership existence and that petitioner partner in partnership during tax year in issue and payment was guaranteed payment; court specifically noted that while partnership was a "small partnership" that meant that court had jurisdiction to determine partnership existence and petitioner's status as partner because partnership not subject to TEFRA; as such, court reiterated that "small partnership exception" has no bearing on whether partnership was a partnership or not for purposes other than TEFRA penalties).