- 10 - C. Whether Richter v. Commissioner Is Distinguishable Petitioners contend that Richter v. Commissioner, supra, is distinguishable from the instant case because, in Richter, the taxpayer received no income from HEH, and HEH made no allocation of income to the taxpayer; in contrast, petitioners contend that petitioner received $800 from HEH, and HEH allocated income to petitioner as shown by HEH’s filed 1996 return and attached amended Schedule K-1. We conclude that Richter is not distinguishable for reasons discussed next. 1. Whether HEH Allocated Income to Petitioner in 1996 Petitioners contend that, unlike the taxpayer in Richter to whom HEH did not allocate income, HEH allocated income to petitioner in 1996. Petitioners contend that the amended Schedule K-1 attached to HEH’s 1996 return establishes that HEH allocated income to petitioner in 1996. We disagree. The 1996 HEH return and the attached amended Schedule K-1 for petitioner were prepared 9 months after petitioners filed their petition, apparently in anticipation of trial. Petitioner’s amended Schedule K-1 was never sent to him. Petitioners did not report any income or other item (other than the energy credit) from HEH on their 1996 return. Petitioner’s original K-1, filed with petitioners’ 1996 return, does not show that there was an allocation of income; it included only an allocation of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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