- 30 - allocation of items until after Melvin died.19 The testimony at trial indicated that all witnesses believed that Melvin and Russell had a close relationship and shared equally in partnership items. In fact, the estate’s original and amended Forms 1041 for 1994 and 1995 reflect the estate’s belief that it acquired a 50-percent interest in BBP as a result of Melvin’s death.20 No evidence was presented suggesting that either brother had a problem with the partnership arrangement or the way partnership items were reported. Each brother appeared to have been content with the equal reporting arrangement and held himself out as owning an equal interest in the partnership. The tax returns for the years 1980 through 1994 indicate that in some years the income from the oil and gas activity was more than the income from the farming activity and vice versa. All partners’ interests in a partnership are considered equal. Sec. 1.704-1(b)(3)(i), Income Tax Regs. It is undisputed 19Consistent with allocations reported on BBP’s partnership returns, Melvin and Russell reported one-half of partnership items on their individual Federal income tax returns. This Court has previously recognized that statements made in a Federal tax return are generally considered an admission by the taxpayer and will not be overcome without cogent evidence that they are wrong. Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989); Lare v. Commissioner, 62 T.C. 739, 750 (1974), affd. without published opinion 521 F.2d 1399 (3d Cir. 1975); Gale v. Commissioner, T.C. Memo. 2002-54. 20The estate’s amended Form 1041 for 1995 was stamped received by the Internal Revenue Service in Austin, Texas, on Mar. 7, 1997, more than 3 years after the date of Melvin’s death.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011