The conflict in entity versus aggregate views of a partnership is materially lessened in those jurisdictions which have removed the procedural disability of partnerships to be sued in their own names. The advantages secured by having a procedural statute allowing partnerships to be sued in their own names argue strongly for the adoption of such act in all of the states having the Uniform Partnership Act, as is indicated by the foregoing analysis. The recognition of the Internal Revenue laws of partnerships as an aggregate for purposes of income taxation will most surely long continue, even though partnerships may be sued in their own names, because small unincorporated businesses need the economic advantage of a single tax on the income allocated to the members to grant them much needed aid in the competition of the market place.
A. Ladru Jensen,
Is a Partnership Under the Uniform Partnership Act an Aggregate or an Entity?,
16 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol16/iss2/5