Ridge L. Harlan and Marjory C. Harlan - Page 39




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          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-tier                








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