Joseph T. Walker and Nancy Walker - Page 23

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     making, we hold that Mr. Walker made a total of $15,000 in additional            
     cash payments to Short and Simmel during 1978 through                            
     1981. See Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). We                  
     further allocate this $15,000 of payments $6,000 to 1980 and                     
     $9,000 to 1981.4                                                                 
     Joint Individual Income Tax Returns                                              
            Section 6013(a) provides, with certain exceptions not                     
     relevant here, that a husband and wife may file a joint income                   
     tax return notwithstanding that one of the spouses has no gross                  
     income or deductions. Generally, a joint income tax return must                  
     be signed by both spouses. Sec. 1.6013-1(a)(2), Income Tax Regs.                 
            However, it is settled that where an income tax return is                 
     intended by both spouses to be a joint return, the absence of the                
     signature of one spouse will not prevent their intention from being              
     realized. Estate of Campbell v. Commissioner, 56 T.C. 1, 12 (1971);              
     Federbush v. Commissioner, 34 T.C. 740, 757 (1960), affd. per curiam             
     325 F.2d 1 (2d Cir. 1963); Kann v. Commissioner, 18 T.C. 1032, 1045              
     (1952), affd. 210 F.2d 247, 251 (3d Cir. 1953). The question of the              
     spouses' intention is one of fact. Estate of Campbell v. Commissioner,           
     supra at 12.                                                                     


               4On brief, Mr. Walker argues that he should be allowed                 
          "credit" for certain alleged gifts he made to West Jersey's                 
          employees. However, in the Stipulation Of Settled Issues the                
          parties agreed that the only remaining issue with respect to Mr.            
          Walker's 1978, 1979, 1980, and 1981 unreported taxable income was           
          his alleged additional cash payments to Short and Simmel. The               
          "credit" issue is thus not properly before us.                              




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