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 asPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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