- 39 - information return in order to determine the amount of gross income stated on the partnership’s information return, which in turn is necessary in order to determine the amount of the taxpayer partner’s gross income stated in the taxpayer’s tax return. There does not appear to be any dispute that these other forms, schedules, statements, and other documents of the 1st-tier partnership’s information return are treated collectively as adjuncts to, and part of, the taxpayer partner’s tax return for purposes of determining the amount of gross income stated on the taxpayer partner’s tax return, even though they are not attached to the taxpayer partner’s tax return. If the 1st-tier partnership’s information return discloses net income or loss from a 2d-tier partnership, then the same analysis requires us to consider the 2d-tier partnership’s information return as merely another document that is an adjunct to, and part of, the taxpayer partner’s tax return. That is, to paraphrase the Court of Appeals for the Second Circuit (see Estate of Klein v. Commissioner, 537 F.2d at 704), gross income is not “stated in the return” of a taxpayer partner who reports net partnership income from a 1st-tier partnership which in turn reports net partnership income from a 2d-tier partnership unless one looks at the 1st-tier partnership’s information return together with all its adjuncts--among them being the 2d-tierPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: May 25, 2011