John J. Burke and Vivian Burke - Page 24

            were filed long after their due dates, at which time the Burkes were                        
            experiencing severe marital problems.                                                       
                  Respondent relies on Estate of Campbell v. Commissioner, supra, in                    
            support of her contention that Mrs. Burke tacitly consented to the filing of                
            the returns for the taxable years in issue.  In that case, this Court                       
            determined that the taxpayer, whose signature did not appear on the return in               
            question, nevertheless intended her return to be a joint return.  Estate of                 
            Campbell v. Commissioner, 56 T.C. at 12.  We based our conclusion on the fact               
            that the taxpayers "customarily" filed joint returns, and Mrs. Campbell did                 
            not examine her husband's preparation of the returns.  Rather, she simply                   
            signed the returns after he completed them.  Id. at 12-13.  Since her                       
            signature on prior and subsequent tax returns appeared to have been little                  
            more than a "formal ritual", we concluded that the absence of Mrs. Campbell's               
            signature was not of "overriding importance".  Id. at 13.  Moreover, the Court              
            noted:                                                                                      

                  Here, it has not even been suggested that * * * [the taxpayer]                        
                  refused to sign the 1964 return.  Indeed, * * * [the taxpayer] has                    
                  offered no evidence whatever of a reason of any kind for not                          
                  filing a joint return in 1964.  Far from suggesting marital                           
                  difficulties, the record indicates that after 1964 the spouses                        
                  continued to live together, filing joint returns and enjoying the                     
                  benefits of their economic community until Mr. Campbell's death in                    
                  1967.  [Id. at 13-14; citations omitted].                                             

                  We find Estate of Campbell v. Commissioner, supra, to be clearly                      
            distinguishable from the case at hand.  Mrs. Campbell was fully aware that the              
            tax return at issue had been filed as a joint return.  She was also involved                
            in the audit process.  Thus, she had the opportunity to raise an objection to               
            the joint filing of the return, but chose not to.  Id. at 14.  Consequently,                
            the Court considered her subsequent effort to discredit the return to be                    
            merely an "afterthought".  Id.  By contrast, Mrs. Burke was not involved in                 
            the audit process leading up to the issuance of the notice of deficiency.  She              
            was unaware that the IRS was seeking to hold her liable for any taxes relating              
            to the years at issue until she and Mr. Burke met with attorney Michael N.                  





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