Indiana Law Review Periodical Collection Indiana „law Review VOLUME 13 • 1980 • NUMBER 2 I APR 2 11980 r SCHOOL OF LA;Af-lKDPLS 1 UH??&RY Articles Reexamining the Relationship Between Capital Gain and the Assignment of Income David F. Shores When Does a Limited Partnership Possess the Corporate Characteristic of Limited Liability? Ralph C. Anzivino Exhaustion Requirements in Younger-Type Actions: More Mud in Already Clouded Waters Mildred L. Calhoun Comment Revised Trial Rule 59 and P-M Gas The Honorable Jonathan J. Robertson Notes Nonmutuality: Taking the Fairness out of Collateral Estoppel The Constitutional Infirmities of Indiana's Habitual Offender Statute Book Review Products Liability and the Reasonably Safe Product Introducing the only^^How-to-do-it''Tiramaction Guide thatwod(s foryou because itworks like you: veryhard! 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Terms available, no carrying charges. m Shepard's Inc.Post Office Box 1 235Colorado Springs, Colorado 80901 MICHIE BOBBSMERRILL announces an All New INDEX to Bums' At last — an index to the laws of Indiana you can use with ease and accuracy. At the suggestion of members of the Indiana Bar this new Index ends forever index pocket parts, non-cumulative supplements and multiple index checking. The All New INDEX to BURNS' STATUTES features Annual Replacement Each year Michie/Bobbs-Merrill will publish a new index replacing the previous year's edition. Complete Information Each year index headings will contain full treatment of all laws on a given subject or direct cross- references to such treatment. (c 1979 The Bobbs-Merrill Company, Inc. Comprehensive Cross-references The new index includes cross-references containing code sections under both main headings and sub- headings found in Bums' Indiana Statutes. Efficient Format The new index consists of three softbound volumes printed in easy to read double columns and larger type. The new INDEX to BURNS' STATUTES will be the most impor- tant addition to your law library this year and for years to come. MICHIE^^^i^ Available soon from BOBBS'MERRILL or your local sales representatives: In Northern and Central Indiana Bill Weber 10943 Wonderland Drive Indianap»olis, Indiana 46239 (317) 257-5376 In Southern Indiana Jim Shultz 821 Skylark Drive Louisville, Kentucky 40223 (502) 583-8874 Indiana Laiiv Revieir Volume 13 1980 Number 2 Copyright © 1980 by the Trustees of Indiana University Articles Reexamining the Relationship Between Capital Gain and the Assignment of Income David F. Shores 463 When Does a Limited Partnership Possess the Corporate Characteristic of Limited Liability? Ralph C. Anzivino 503 Exhaustion Requirements in Younger-Ty^e Actions: More Mud in Already Clouded Waters Mildred L. Calhoun 521 Comment Revised Trial Rule 59 and P-M Gas The Honorable Jonathan J. Robertson 541 Notes Nonmutuality: Taking the Fairness out of Collateral Estoppel 563 The Constitutional Infirmities of Indiana*s Habitual Offender Statute 597 Book Review Products Liability and the Reasonably Safe Product 627 Volume 13 February 1980 Number 2 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published four times yearly, January, March, April, and June, by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. Subscription rates: one year, $12.50; three years, $35.00; five years, $50.00; foreign $14.00. Single copies: annual Survey issue, $6.00; other issues, $3.50. Back issues, volume 1 through volume 11, are available from Fred B. Rothman & Co., 10368 W. Centennial Rd., Littleton, Co. 80123. Please notify us one month in advance of any change of address and include both old and new addresses with zip codes to ensure delivery of all issues. Send all correspondence to Editorial Assistant, Indiana Law Review, Indiana University School of Law — Indianapolis, 735 West New York Street, Indianapolis, Indiana 46202. Publication office: 735 West New York Street, Indianapolis, Indiana 46202. Second class postage paid at Indianapolis, Indiana 46201. Please enter my subscription to the INDIANA LAW REVIEW NAME ADDRESS Enclosed is $. Bill me for _ for subscriptions. subscriptions. Mail to; INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $12.50; Foreign, $14.00; Survey, $6.00 Indiana Laiiv Revieir Volume 13 1980 ROGER D. ERWIN Editor-in-Chief R. Matthew Neff Executive Editor Charles E. Barbieri Wendy B. Reisman Lynne M. McMahan Joan M. Ruhtenberg Articles Editors Patti J. KURTH Linda R. Lamping Managing Editors Kevin M. Barton Janet S. Ellis Gregory J. Bubalo Robert A. Hutchens MONETTE E. Draper Edward V. Olson Note and Development Editors Thomas V. Easterday George E. Purdy Michael r. Hartman Charles E. Spevacek Carole J. Johnson Douglas e. Starkey Brian A. McKinsey Carolyn R. Sutton Michael J. McMahon James D. Zeglis Associate Editors PAUL J. GALANTI Faculty Advisor Dawn Campbell Editorial Assistant Indiana University School of Law — Indianapolis 1979-1980 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers John W. Ryan, Ph.D., President of the University Glenn W. Irwin, Jr., M.D., Vice-President Frank T. Read, J.D., Dean Gerald L. Bepko, LL.M., Acting Associate Dean for Administration and Finance G. Kent Frandsen, J.D., Assistant Dean for Student Affairs Faculty Thomas B. Allington, Professor (on leave, first semester, 1979-80). B.S., University of Nebraska, 196U; J.D., 1966; LL.M., New York University, 1971 Edward P. Archer, Professor. B.M.E., Rensselaer Polytechnic, 1958; J.D., Georgetown University, 1962; LL.M., 196Jt. James F. Bailey, III., Associate Professor and Director of Law Library. A.B., University of Michigan, 1961; J.D., 1964; M.A.L.S., 1970. Agnes P. Barrett, Associate Professor. B.S., Indiana University, 1942; J.D., 1964. Gerald L. Bepko, Acting Associate Dean for Administration and Finance, and Pro- fessor. B.S., Northern Illinois University, 1962; J.D., IIT/Chicago-Kent College of Law, 1965; LL.M., Yale University, 1972. Clyde Harrison Crockett, Associate Professor. A.B., University of Texas, 1962; J.D., 1965; LL.M., University of London (The London School of Economics and Political Science), 1972. Debra a. Falender, Associate Professor. A.B., Mount Holyoke College, 1970; J.D., Indiana University, 1975. Cleon H. Foust, Professor Emeritus. A.B„ Wabash College, 1928; J.D., University of Arizona^ 1933. G. Kent Frandsen, Assistant Dean-Student Affairs, and Associate Professor. B.S., Bradley University, 1950; J.D., Indiana University, 1965. David A. Funk, Professor. A.B., College of Wooster, 1949; J.D., Case Western Reserve University, 1951; M.A., Ohio State University, 1968; LL.M., Case Western Reserve, 1972; LL.M., Columbia University, 1973. Paul J. Galanti, Professor. A.B., Bowdoin College, 1960; J.D., University of Chicago, 1963. Helen P. Garfield, Associate Professor. B.S.J., Northwestern University, 1945; J.D., University of Colorado, 1967. Harold Greenberg, Associate Professor. A.B., Temple University, 1959; J.D., University of Pennsylvania^ 1962. John S. Grimes, Professor of Jurisprudence Emeritus. A.B., Indiana University, 1929; J.D., 1931. Jeffrey W. Grove, Associate Professor (on leave, 1979-80). A.B., Juniata College, 1965; J.D., George Washington University, 1969. William F. Harvey, Carl M. Gray Professor of Law. A.B., University of Missouri, 1954; J.D., Georgetown University, 1959; LL.M., 1961. W. William Hodes, Assistant Professor. A.B., Harvard College, 1966; J.D., Rutgers, Newark, 1969. Lawrence A. Jegen III., Professor. A.B., Beloit College, 1956; J.D., University of Michigan, 1959; M.B.A., 1960; LL.M., New York University, 1963. William R. Jones, Professor. B.S., University of Louisville, 1950; J.D., University of Kentucky, 1968; LL.M., University of Michigan^ 1970. Henry C. Karlson, Assistant Professor. A.B., University of Illinois, 1965; J.D., 1968; LL.M., 1977 Charles D. Kelso, Professor (on leave, 1979-80). A.B., University of Chicago, 1946; J.D., 1950; LL.M., Columbia University, 1962; LL.D., John Marshall Law School, 1966; J.S.D., Columbia University, 1968. William Andrew Kerr, Professor. A.B., West Virginia University, 1955; J,D., 1957; LL.M., Harvard University, 1958; B.D., Duke University, 1968. Walter W. Krieger, Associate Professor. A.B., Bellarmine College, 1959; J.D., University of Louisville, 1962; LL.M., George Washington University, 1969. William E. Marsh, Associate Professor. B.S., University of Nebraska, 1965; J.D., 1968. Melvin C. Poland, Professor (on leave, second semester, 1979-80). B.S., Kansas State University, 19JtO; LL.B., Washburn University, 1949; LL.M., University of Michigan, 1950. Ronald W. Polston, Professor. B.S., Eastern Illinois University, 1953; LL.B., University of Illinois, 1958. Gary A. Ratner, Associate Professor. B.S., California Institute of Technology, 1966; M.S., Purdue University, 1969; J.D., University of Connecticut, 1973; LL.M, Yale University, 197Jt. Frank T. Read, Dean and Professor. B.S., Brigham Young University, 1960; J.D., Duke University, 1963. Marshall J. Seidman, Professor. B.S., University of Pennsylvania, 1947; J.D., Harvard University, 1950; LL.M., 1970. William A. Stanmeyer, Associate Professor (on leave 1979-80). A.B., Xavier University, 1958; A.M., Loyola University, 1962; J.D., DePaul University, 1966. Kenneth M. Stroud, Professor. A.B., Indiana University, 1958; J.D., 1961. James W. Torke, Professor. B.S., University of Wisconsin, 1963; J.D., 1968. R. Bruce Townsend, Professor of Jurisprudence (on leave, second semester, 1979-80). A.B., Coe College, 1938; J.D., University of Iowa, 1940. James Patrick White, Professor (on leave). A.B., University of Iowa, 1953; J.D., 1956; LL.M., George Washington University, 1959. Harold R. Woodard, Assistant Professional Lecturer. B.S., Harvard University, 1933; J.D., 1936. LiLA J. Young, Visiting Assistant Professor. A.B., Northwestern University, 1961; J.D., Indiana University, 1970. Law Library Staff Wendell E. Johnting, Technical Services Librarian. A.B., Taylor University, 1975. Christine L. Stevens, Reference Librarian. A.B., Western Michigan University, 1970; M.L.S., Indiana University, 1971. Kathy J. Welker, Assistant Director. A.B., Huntington College, 1969; M.L.S., Indiana University, 1972. Merlin P. Whiteman, Reader's Services Librarian. A.B., Hope College, 1973; M.L.S., Indiana University, 1974.