- 11 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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