Oliver K. Robinson and Deborah L. Robinson, et al. - Page 2




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                    I.R.C., provides the general rule that R has                      
                    3 years after the “return” was filed to                           
                    assess.  R contends that the “return”                             
                    referenced in sec. 6501(a), I.R.C., is the                        
                    return of the taxpayer for whom the                               
                    adjustment is being made.  Conversely, P                          
                    contends that the “return” is that of the                         
                    entity from which the adjustment derives.                         
                           Held:  In the factual context of this                      
                    case, the return referenced in sec. 6501(a),                      
                    I.R.C., is the return of the taxpayer for                         
                    whom the adjustment is determined and not the                     
                    return of the entity from or concerning whom                      
                    the taxpayer has realized an item of income.                      


              Roger M. Schrimp, James F. Lewis, and Steven G. Pallios, for            
         petitioners.                                                                 
              Michael F. Steiner, Julie A. Howell, and Dale A. Zusi, for              
         respondent.                                                                  


              GERBER, Judge:  In separate notices of deficiency,                      
         respondent determined deficiencies in petitioners’ Federal income            
         tax and accuracy-related penalties under section 66622 for the               
         1992, 1993, and 1994 taxable years as follows:                               








               2 Unless otherwise indicated, section references are to the            
          Internal Revenue Code in effect for the taxable years under                 
          consideration, and Rule references are to the Tax Court Rules of            
          Practice and Procedure.                                                     





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