CC&F Western Operations Limited Partnership, CC&F Investors, Inc., Tax Matters Partner - Page 11




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          taxpayer had acquired a 60-percent interest in real property and            
          was entitled to a depreciation deduction for 60 percent of the              
          improvements.  The Commissioner sent a notice of deficiency after           
          the expiration of the 3-year period of limitations.  The taxpayer           
          argued that her reporting of depreciation fully apprised the                
          Commissioner of all of the facts necessary to make a                        
          determination of deficiency.  This Court held, however, that such           
          reporting was not adequate because there was no mention of the              
          liquidation of the corporation on the tax return.  See id.                  
               Our holding is also consistent with the opinion of the Court           
          of Appeals in Phinney v. Chambers, 392 F.2d 680 (5th Cir. 1968).            
          In Phinney, a taxpayer incorrectly claimed a stepped-up basis in            
          her one-half interest in a community-owned installment note                 
          issued in exchange for stock.  The full value of the note had               
          been included in the estate of her deceased husband for estate              
          tax purposes.  When the note was paid in full, the taxpayer                 
          reported, on her individual income tax return, that the amount              
          collected was a sale of stock with an amount realized equal to              
          basis.  When the Commissioner disallowed the stepped-up basis,              
          more than 3 years but less than 6 years after the taxpayer filed            
          her return, the taxpayer argued that she had adequately disclosed           
          the transaction on her Federal income tax return.  The Court of             
          Appeals held that the taxpayer had not given the Commissioner a             
          chance to challenge the taxpayer’s contentions, because the                 





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