Rhone Poulenc Surfactants and Specialties, L.P. - Page 41




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                    4.  Adequate Disclosure                                           
               Finally, petitioner argues that the 6-year period is                   
          inapplicable because petitioner’s return adequately disclosed any           
          omitted income.  See sec. 6501(e)(1)(A)(ii).  Adequate disclosure           
          requires that the return provides a "clue to the existence of the           
          omitted item."  Colony, Inc. v. Commissioner, 357 U.S. 28, 36               
          (1958).  The "clue" does not have to be a detailed revelation of            
          every fact underlying the transaction, but must be sufficiently             
          detailed to apprise respondent of the nature and amount of the              
          transaction.  See Estate of Fry v. Commissioner, 88 T.C. 1020,              
          1023 (1987); Quick Trust v. Commissioner, 54 T.C. 1336, 1347                
          (1970), affd. 444 F.2d 90 (8th Cir. 1971).  The parties disagree            
          over whether the return provides a clue.  Indeed the parties                
          disagree over which documents comprise the "return".35  Such                


               34(...continued)                                                       
               is ambiguous because it does not expressly indicate how                
               it is to be applied to S corporations and their                        
               stockholders, the Commissioner’s construction of the                   
               section is a reasonable one to say the least, and we                   
               should accept it absent convincing grounds for                         
               rejecting it.  As noted in Badaracco v. Commissioner,                  
               464 U.S. 386 (1984), “‘limitations statutes barring the                
               collection of taxes otherwise due and unpaid are                       
               strictly construed in favor of the Government.’”  Id.,                 
               at 392 (quoting Lucia v. United States, 474 F.2d 565,                  
               570 (CA5 1973)).  [Bufferd v. Commissioner, 506 U.S.                   
               523, 527-528 n.6 (1993).]                                              
               35As a general rule, information contained in a partnership            
          return will be taken into consideration in determining whether an           
          omitted item was adequately disclosed on the return of a partner            
          for purposes of sec. 6501(e)(1)(A)(ii).  See Quick Trust v.                 
                                                              (continued...)          





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