- 12 - returns of NPI will not prevent the 6-year period of limitations of section 6501(e) from applying to the Bensons’ 1989, 1990, 1993, and 1994 tax years. Neither section 6501(e)(1)(A)(ii) nor the caselaw interpreting that section requires respondent to examine the corporate returns of ERG in search of “clues” that disclose income. The Bensons have not cited any authority to support their contention that the returns of a taxable subchapter C corporation serve as an adjunct to an individual taxpayer’s return for purposes of section 6501(e)(1)(A)(ii). Instead, the Bensons rely on Benderoff v. United States, 398 F.2d 132 (8th Cir. 1968), and Roschuni v. Commissioner, 44 T.C. 80 (1965), which involve the returns of subchapter S corporations. This Court has explained that the returns of subchapter S corporations and partnerships should be examined in conjunction with the individual taxpayer’s return because these entities are passthrough entities. See Harlan v. Commissioner, 116 T.C. at 54 (“when the taxpayers’ tax returns stated taxable income from partnerships or S corporations, we declared that the information returns of these pass-through entities would be treated as adjuncts to, and part of, the taxpayers’ tax returns”); Roschuni v. Commissioner, supra at 85-86. As a subchapter C corporation, ERG is a taxable entity, it does not have the passthrough aspects of an S corporation, and it files income tax returns, notPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011