- 38 - (partnership), Roschuni v. Commissioner, supra (S corp.). Indeed, the Court of Appeals for the Second Circuit described the process thusly in Estate of Klein v. Commissioner, 537 F.2d at 704: Schedule H [more recently, Schedule E] of Form 1040, labelled “Income from Partnerships, Estates, Trusts, and Other Sources,” provides only one line for reporting partnership income together with the name and address of the partnership from which that income was derived. Schedule H speaks in terms of “[t]otal income (or loss),” the reference to losses obviously suggesting only a net (adjusted gross) rather than a gross income figure. Given that limitation upon the scope of the Form 1040, it is clear that the return neither intends nor purports to show a taxpayer’s gross income when that taxpayer has partnership income. Indeed, gross income is not “stated in the return” in the case of such a taxpayer unless one looks at the partnership return as being a part of the personal income tax return. * * * When we take the partnership’s information return into consideration as part of the partner’s tax return, we find the same limitations in the former document that the Court of Appeals described in Estate of Klein v. Commissioner, supra, as to the latter document. That is, the 1985 partnership information returns for Pacific and Carlyle (Ridge’s 1st-tier partnerships) and for Mission Resources (Theodore’s 1st-tier partnership) do not provide for a showing of “gross income”. There is a line for “total income (loss) (combine lines 3 through 10)”, (Form 1065, 1st p., l.11), but it is evident that several of the components of total income are themselves net amounts. In those instances, recourse must be had to other forms, schedules, statements, and other documents attached to the 1st-tier partnership’sPage: 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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