- 27 - taxpayer’s husband’s tax return was separate from the taxpayer’s tax return. We concluded as follows (id. at 789-790): This Court and the circuit courts of appeals have specifically held that for the purposes of applying section 275(c) of the Internal Revenue Code, consideration may only be given to the return of the particular taxpayer and that the return of another taxpayer may not be considered. * * * * * * * Petitioner’s complaint that “it does not seem equitable to deny a taxpayer the benefit of the statute of limitations merely because of a failure to duplicate the purely mechanical computation of gross sales less cost of sales to show the gross income amount which has already been fairly reported” is also without merit. Section 275(c) is not limited to situations involving bad faith. * * * The gross income stated in petitioner’s income tax return is therefore limited to the $5,014.60 shown therein and does not include any amounts stated in her husband’s return. In Switzer v. Commissioner, 20 T.C. 759 (1953), the taxpayer-husbands (H’s) were partners whose partnership interests constituted community property under California law. Each H and each of the taxpayer-wives (W’s) filed separate timely tax returns for 1944 and 1945. The partnership filed timely information returns for these years. The notices of deficiency were sent to the H’s and W’s more than 3 years, but not more than 5 years, after the respective tax returns were filed. See id. at 761. The taxpayers argued that the partnership’s information returns should be treated as being part of the taxpayers’ individual tax returns, to the extent of their partnership interests, in the same manner as a Schedule C is treated as beingPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011