Jon M. Putnam, Helen M. Putnam, Nuclear Services, Inc.,petitioners-appellants, v. Commissioner Internal Revenue Service, Respondent-appellee, 72 F.3d 135 (9th Cir. 1995)

MEMORANDUM^** 

Appellants, Jon M. and Helen M. Putnam, appeal the decision of the Tax Court assessing a deficiency against them in the amount of $12,335.00 for the tax year 1984 and $13,240.00 for the tax year 1985. We have jurisdiction pursuant to 26 U.S.C. § 7482(a) (1) and affirm the Tax Court's decision.

The stipulations filed by the parties on January 28, 1993 and August 9, 1993 effectively removed from consideration all issues except the applicability of the six-year statute of limitations to the Commissioner's deficiency assessment pursuant to 26 U.S.C. § 6501(e) (1) (A). Because the stipulated amount of gross income omitted exceeds 25% of the gross income stated in Appellants' returns, and because the mere listing of the source of that income on Appellants' W-2 forms does not satisfy the requirements for disclosure under 26 U.S.C. § 6501(e) (1) (A) (ii), Reuter v. Commissioner, 51 T.C.M. (CCH) 99 (1985), the Tax Court properly determined that Sec. 6501(e) (1) (A) applied. Furthermore, the Tax Court properly rejected Appellants' arguments that the closure of the relevant returns of Nuclear Services, Inc. precluded a deficiency assessment against Appellants as individuals. See Lardas v. Commissioner, 99 T.C. 490, 493 (1992); see also Bufferd v. Commissioner, 113 S. Ct. 927, 932 n. 11 (1993). Lastly, Appellants have failed to demonstrate that the Tax Court's decision was procedurally improper.

AFFIRMED.