Ridge L. Harlan and Marjory C. Harlan - Page 16




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          under section 6501(e) applies.  In the instant cases, the                   
          parties’ dispute focuses on the denominator.                                
          Two aspects of this dispute make it clear that more is                      
          involved than meets the eye, as follows:                                    
               Firstly, although the statutory language is “the amount of             
          gross income stated in the return” (emphasis added), both sides             
          agree that, where the taxpayer is a partner in a 1st-tier                   
          partnership, the language is treated as including amounts that do           
          not appear anywhere on the only document that has been filed as             
          the taxpayer’s tax return.                                                  
               Secondly, although the potential for the parties’ dispute              
          herein has existed since the 1934 enactment of the predecessor of           
          section 6501(e)(1)(A), both sides agree that this is a matter of            
          first impression.                                                           
               In light of the foregoing, we start our analysis with                  
          matters that are not in dispute between the parties, in order               
          better to understand the context in which the disputed matters              
          operate.                                                                    
          III.  Evolution of the Statute                                              
               Section 250(d) of the Revenue Act of 1918 (Pub. L. 65-254,             
          40 Stat. 1057, 1083) provided a general 5-year statute of                   
          limitations, but no limit in the case of fraud.                             










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