C.__A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:

(1)__Of a debt by installments or otherwise;

(2)__For services as an independent contractor or of wages or other compensation to an employee;

(3)__Of rent;

(4)__Of an annuity or other retirement or health benefit to a beneficiary, representative or designee of a deceased or retired partner;

(5) Of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds or increase in value derived from the collateral; or

(6)__For the sale of the goodwill of a business or other property by installments or otherwise.

§1023.__Partnership property

Property acquired by a partnership is property of the partnership and not of the partners individually.

§1024.__When property is partnership property

1.__Partnership property.__Property is partnership property if acquired in the name of:

A.__The partnership; or

B.__One or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership.

2.__Property acquired by partnership.__Property is acquired in the name of the partnership by a transfer to:

A.__The partnership in its name; or