\n(2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property.\n(3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived.\n(4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment:\n(a) Of a debt by instalments or otherwise,\n(b) As wages of an employee or rent to a landlord,\n(c) As an annuity to a widow or representative of a deceased partner,\n(d) As interest on a loan, though the amount of payment vary with the profits of the business,\n(e) As the consideration for the sale of the good will of dow or representative of a deceased partner,\n(d) As interest on a loan, though the amount of payment vary with the profits of the business,\n(e) As the consideration for the sale of the good will of a business or other property by instalments or otherwise.
Massachusetts Legal Code