- 26 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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