It's a gift until it isn't.
You do not have rental income to report unless you receive a schedule K-1, from your brother. See https://turbotax.intuit.com/tax-tools/tax-tips/Small-Business-Taxes/What-is-a-Schedule-K-1-Tax-Form-...
If he has told you that he expects you to report the income, he, as the general partner, should be providing you form K-1. But, if you report the check amount on line 21 or schedule E, you are OK with the IRS. He's the one with legal trouble.