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Question
A large machine is purchased by Vida and is sometimes used for her personal work and sometimes used for work by the partnership of which she is a member. Discuss what factors a court will consider in deciding if the machine is partnership property.
In what name was the property obtained and whose funds were used to purchase it? Is the property on the partnership account books? Has the partnership paid funds to repair, improve, pay taxes on, or maintain the property? All of these factors operate collectively to determine that an item is partnership property.
Answer
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