Ridge L. Harlan and Marjory C. Harlan - Page 36




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          other taxpayers, and (2) documents that, even if filed as tax               
          returns, were not tax returns of other taxpayers.  Documents in             
          the former category have not been taken into account in                     
          determining the amount of gross income “stated in the return”,              
          see, e.g., Masterson v. Commissioner, supra; Ratto v.                       
          Commissioner, supra.                                                        
               On the other hand, the second category--documents that were            
          not filed as tax returns of other taxpayers--have been treated as           
          adjuncts to and part of the taxpayers’ tax returns for purposes             
          of determining “the amount of gross income stated in the return”.           
          This approach has been applied to partnership tax returns (see,             
          e.g., Davenport v. Commissioner, supra), S corporation tax                  
          returns (see, e.g., Roschuni v. Commissioner, supra), and other             
          documents which are not tax returns of taxpayers, see, e.g., Rose           
          v. Commissioner, supra.                                                     
          V.  Analysis                                                                
               Section 6501(e) and its predecessors require omitted gross             
          income to be compared to gross income stated in the return.  In             
          Green v. Commissioner, 7 T.C. 263, 277 (1946), affd. 168 F.2d 994           
          (6th Cir. 1948), we concluded that “‘Gross income’ has a well               
          established meaning in the revenue laws, denoting statutory gross           
          income as defined by section 22 [of the Revenue Act of 1938,                
          predecessor of present sec. 61].”  In enacting the Internal                 
          Revenue Code of 1954, the Congress added clause (i) to section              






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