Ridge L. Harlan and Marjory C. Harlan - Page 29




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               In Rose v. Commissioner, supra, the taxpayer-husband (H)               
          owned and operated a retail store as a sole proprietorship in               
          Ventura, California, and another retail store as a partnership              
          with his brother in Santa Barbara, California.  See id. at 757.             
          H’s interests in the Ventura store and the Santa Barbara                    
          partnership constituted community property.  See id. at 758-759,            
          768.  H and W filed separate tax returns for 1943.  See id. at              
          757.  The Santa Barbara partnership filed a partnership                     
          information return for 1943.  See id. at 758, 768.  The Ventura             
          store filed a partnership information return for 1943, at the               
          suggestion of a revenue agent, in order to facilitate the                   
          reporting of H’s and W’s community income derived from that                 
          store.  See id. at 758-759, 769.  If H and W were treated as                
          having stated in their tax returns their shares of the gross                
          income of the Ventura store, then the denominators of their                 
          section 275(c) fractions were more than four times the gross                
          income that the Commissioner determined H and W omitted, the                
          regular 3-year statute of limitations applied, and the notices of           
          deficiency for 1943 were untimely.  See Rose v. Commissioner, 24            
          T.C. at 760, 766-770.  We analyzed the situation as follows (id.            
          at 768-769):                                                                



               11(...continued)                                                       
               partner.                                                               






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