Ridge L. Harlan and Marjory C. Harlan - Page 1
















                                   116 T.C. No. 4                                     


                               UNITED STATES TAX COURT                                


                RIDGE L. HARLAN AND MARJORY C. HARLAN, Petitioners v.                 
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      
             THEODORE S. OCKELS AND ROSEMARIE G. OCKELS, Petitioners v.               
               COMMISSIONER OF INTERNAL REVENUE, Respondent                           


               Docket Nos. 21214-92, 24609-92.      Filed January 17, 2001.           


                    Ps are partners in partnerships (the 1st-tier                     
               partnerships); some of the 1st-tier partnerships are                   
               partners in other partnerships (the 2d-tier partnerships).             
               R maintains that the 6-year period of limitations under sec.           
               6501(e)(1)(A), I.R.C. 1986, applies to notices of deficiency           
               sent in 1992 with respect to Ps’ 1985 tax year.  In                    
               determining the applicability of sec. 6501(e)(1)(A), I.R.C.            
               1986, R includes in Ps’ “gross income stated in the return”            
               Ps’ distributive shares of the gross incomes of the 1st-tier           
               partnerships, but does not take account of the 1st-tier                
               partnerships’ distributive shares of the gross incomes of              
               the 2d-tier partnerships.  Ps contend to the contrary.                 
                    Held:  In determining the amount of “gross income                 
               stated in the return” (the denominator in the 25-percent               
               test of sec. 6501(e)(1)(A), I.R.C. 1986) for petitioners,              
               the 2d-tier partnerships’ information returns are treated as           





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