- 28 - 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...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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