Bernard William Hvidding and Faleasiu E. Hvidding - Page 10

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          C.   Whether Richter v. Commissioner Is Distinguishable                     
               Petitioners contend that Richter v. Commissioner, supra, is            
          distinguishable from the instant case because, in Richter, the              
          taxpayer received no income from HEH, and HEH made no allocation            
          of income to the taxpayer; in contrast, petitioners contend that            
          petitioner received $800 from HEH, and HEH allocated income to              
          petitioner as shown by HEH’s filed 1996 return and attached                 
          amended Schedule K-1.  We conclude that Richter is not                      
          distinguishable for reasons discussed next.                                 
               1.   Whether HEH Allocated Income to Petitioner in 1996                
               Petitioners contend that, unlike the taxpayer in Richter to            
          whom HEH did not allocate income, HEH allocated income to                   
          petitioner in 1996.  Petitioners contend that the amended                   
          Schedule K-1 attached to HEH’s 1996 return establishes that HEH             
          allocated income to petitioner in 1996.  We disagree.  The 1996             
          HEH return and the attached amended Schedule K-1 for petitioner             
          were prepared 9 months after petitioners filed their petition,              
          apparently in anticipation of trial.  Petitioner’s amended                  
          Schedule K-1 was never sent to him.  Petitioners did not report             
          any income or other item (other than the energy credit) from HEH            
          on their 1996 return.  Petitioner’s original K-1, filed with                
          petitioners’ 1996 return, does not show that there was an                   
          allocation of income; it included only an allocation of the                 








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