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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011