Michael C. Hollen and Joan L. Hollen - Page 8




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          return, petitioner represented that the ranch was a partnership             
          asset, that petitioner was a partner in the partnership, and that           
          the sale of the ranch had been reported correctly on the                    
          partnership return.  Relying on petitioner's representations and            
          on the previously filed partnership returns, respondent did not             
          make any adjustments to the partnership's return.                           
               Respondent also audited petitioners' Federal income tax                
          return for 1988.  Upon completion of the audit, respondent issued           
          a notice of deficiency in which respondent disregarded the                  
          alleged transfer of petitioner’s partnership interest to the P.C.           
          and determined that petitioner was a partner when the ranch was             
          sold in 1988, that petitioner was required to report his                    
          distributive share of partnership income for 1988, and that                 
          petitioners were liable for additions to tax under section 6653             
          and section 6661.                                                           
                                       OPINION                                        
               Petitioners make two arguments in an effort to avoid                   
          reporting and paying income tax on petitioner’s 1988 distributive           
          share of partnership income.  First, petitioners argue that,                
          although the partnership operated the ranch from 1982 to 1988,              

               6(...continued)                                                        
          several years earlier.  Petitioner participated in the audit but            
          did not inform the auditing agent that the ranch was titled in              
          the name of the individuals and not in the partnership's name.              
          Petitioner explained this failure by claiming that he did not               
          know title was held in the names of the individuals until 1998.             





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