Ridge L. Harlan and Marjory C. Harlan - Page 26




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          appear from two returns of the type before us here”.  See id.               
          The Circuit Court of Appeals reversed because the panel’s                   
          majority concluded that the Commissioner’s adjustment was                   
          incorrect; the Circuit Court of Appeals did not indicate any                
          disagreement with our statute of limitations analysis.                      
               In Ratto v. Commissioner, 20 T.C. 785 (1953), the taxpayer             
          and her husband were California residents, operated a liquor                
          business owned by them in community, and filed separate 1946 tax            
          returns.  See id. at 786.  The taxpayer’s husband reported the              
          liquor business operations on his Schedule C, on which he showed            
          “gross profit” of $30,462.96 and “net profit” of $10,029.19.  He            
          then “computed his income tax on one-half of this amount [the net           
          profit] with the explanation ‘�  Community Income Reported By               
          Wife,’ and which he listed as a deduction.”  Id.  The taxpayer              
          reported on her Schedule E $5,014.60 as “� community income.”               
          See id. at 786.  Apparently, she did not show on her tax return             
          any other information about the liquor business.  The                       
          Commissioner determined that the taxpayer omitted $10,216.88                
          gross profits from the liquor business,10 together with about               
          $3,600 of other small items.  See id. at 787.  The notice of                
          deficiency was sent more than 3 years, but less than 5 years,               
          after the taxpayer filed her 1946 tax return.  We held that the             



               10One-half of $30,462.96, less the $5,014.60 that was                  
          reported.                                                                   





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