Thus, the IRS and the courts may consider a cotenancy
to be a partnership for tax purposes if the business activity of the cotenancy
resembles a partnership.
coparceny described the cotenancy
held by the daughters of a decedent lacking a male heir.
However, attributes of the cotenancy
or a profile of the cotenants may provide evidence that a partition action will exceed typical costs.
This model of cotenancy
as an instrument of competition was further elaborated in Smith (1988, 1993) and tested experimentally in the context of a natural gas pipeline network funded by the Federal Energy Regulatory Commission (Rassenti, Reynolds and Smith 1994).
56) The defendants, relying on rationale similar to Kolb, argued that the adverse possession claim could not be maintained until 1992, twenty years after the death of their father and the creation of the cotenancy
sovereign trustees having cotenancy
interests in a shared asset (such as
is "a tenancy under more than one distinct title, but
If it is determined that a tax cotenancy
is in the taxpayers' best interests, then a form of ownership under state law must be chosen that will be respected as such for federal tax purposes.
and Joint Ownership [sections] 38 (1995) (citing New Haven Trolley & Bus Employees Credit Union v.
In Octagon Gas, Judge Baldock remanded to the bankruptcy court to determine whether a sale of the debtor's assets in a chapter 11 plan was free and clear of a cotenancy
in "proceeds" of natural gas claimed by a buyer of that cotenancy
minority view on cotenancy
, that development by fewer than all owners of
In either case, a surviving spouse takes sole title if the other dies before dissolution of the cotenancy