- 23 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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