- 32 - We agree with respondent for the reasons that follow. The Gouveias reported gross income of $38,458 and $21,807 on their 1995 and 1996 returns, respectively. Twenty-five percent of these amounts is $9,615 and $5,452, respectively. The McKenzie Trust reported gross income of $14,148 and $11,986 in 1995 and 1996, respectively, which exceeds 25 percent of the gross income reported by the Gouveias for 1995 and 1996. Although the Gouveias’ returns listed the Pago Trust as a source of income, the returns contained absolutely no reference to the McKenzie Trust. Where the individual return makes no reference to the trust as a source of income, we do not consider any documents in addition to the individual returns in determining whether the omitted income was adequately disclosed.25 Connell Bus. Co. v. Commissioner, T.C. Memo. 2004-131; Reuter v. Commissioner, T.C. Memo. 1985-607. We conclude, therefore, that respondent was not apprised of the nature and amount of the omitted income attributable to the McKenzie Trust. Accordingly, we hold that the 6-year period of limitations in section 6501(e) applies to the Gouveias’ 1995 and 1996 taxable years and that respondent’s determination with respect to those years was timely. 25Even if we looked beyond the Gouveias’ returns to the McKenzie Trust’s 1995 and 1996 returns, including the attached Schedules K-1, they could not have adequately disclosed the omitted income because they contained absolutely no mention of the Gouveias.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011