Greg William Gouveia, a.k.a. Greg W. Gouveia, a.k.a. Greg Gouveia & Carol Ann Gorveia, a.k.a. Carol Gouveia, et al. - Page 32

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               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.                                                               





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