2 Rules for determining existence of partnership

2  Rules for determining existence of partnership

In determining whether a partnership does or does not exist, regard shall be had to the following rules:

(1)     Joint tenancy, tenancy in common, joint property, common property, or part ownership does not of itself create a partnership as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof.

(2)     The sharing of gross returns does not of itself create a partnership, whether the persons sharing such returns have or have not a joint or common right or interest in any property from which or from the use of which

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