Ridge L. Harlan and Marjory C. Harlan - Page 38




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          (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’s                      





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