- 36 - 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 sectionPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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