John W. and Vincentia Schwartz - Page 6

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                (iv) Income of the partnership exempt from tax * * *                         
          Sec. 301.6231(a)(3)-1(a)(1)(i) through (iv), Proced. & Admin.                      
          Regs.                                                                              
                Section 6031(a) provides that every partnership is required                  
          to "make a return for each taxable year, stating specifically the                  
          items of its gross income and the deductions allowable by                          
          subtitle A * * * and shall include in the return the names and                     
          addresses of the individuals who would be entitled to share in                     
          the taxable income if distributed and the amount of the                            
          distributive share of each individual."  The regulations further                   
          clarify that the return shall include the "amount of the                           
          distributive share of income, gain, loss, deduction, or credit                     
          (including any items which enter into the determination of the                     
          tax imposed by section 56) allocated to each partner."  Sec.                       
          1.6031-1(a)(1), Income Tax Regs.  Therefore, the partnership                       
          returns and Schedules K-1 are required to reflect what each                        
          partner's distributive share of each partnership item was for the                  
          partnership year.  Harrell v. Commissioner, supra.                                 
                In Harrell v. Commissioner, supra, we first addressed the                    
          issue of the application of the same share requirement.  The                       
          taxpayers argued that we lacked jurisdiction over the deficiency                   
          determination because the Commissioner, in seeking to make                         
          adjustments with respect to a partnership, failed to issue an                      
          FPAA.  In particular, the taxpayers argued that the same share                     
          test should be applied to the terms of the partnership agreement,                  




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