Ridge L. Harlan and Marjory C. Harlan - Page 28




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          part of an individual Form 1040 for a sole proprietor.  See id.             
          at 767.  We rejected their arguments, relied on Masterson v.                
          Commissioner, supra, and held that the denominator of the section           
          275(c) fraction is to be determined by what is stated on the                
          taxpayer’s tax returns without regard to the partnership’s                  
          information returns.  See Switzer v. Commissioner, 20 T.C. at               
          768.  However, our determination was remanded by the Court of               
          Appeals for the Ninth Circuit on September 17, 1954, with                   
          directions (in accordance with the stipulation of the parties in            
          Switzer) to vacate our decisions and enter decisions for the                
          taxpayers.  See Rose v. Commissioner, 24 T.C. 755, 768 (1955);              
          Rev. Rul. 55-415, 1955-1 C.B. 412, 413.11                                   


               11Rev. Rul. 55-415, 1955-1 C.B. 412, although issued after             
          the enactment of the Internal Revenue Code of 1954, is the                  
          Commissioner’s interpretation of section 275(c) of the Internal             
          Revenue Code of 1939.  The ruling states, in pertinent part, as             
          follows (1955-1 C.B. at 413):                                               
               It is well recognized that gross income, as earned, belongs            
               to some taxable entity, and that a partnership is not a                
               taxable entity.  It logically follows that the partners                
               should be considered as the owners of partnership gross                
               income.                                                                
                           *    *    *    *    *    *    *                            
                    * * * it is held that for the purpose of section 275(c)           
               of the Code “gross income” of a member of a partnership                
               includes his proportionate share of the gross income of the            
               partnership.  See Harry Landau et al. v. Commissioner, 21              
               T.C. 414 [1953].  Any partner’s share of the gross income              
               reported in the partnership information return should be               
               considered as having been returned by the taxpayer as such             
               information return is a return by or on behalf of each                 
                                                             (continued...)           





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