Joseph T. Walker and Nancy Walker - Page 25

                                     - 25 -                                           
     upon Mr. Walker to prepare and file their returns. The record                    
     reflects that Mrs. Walker left the responsibility for preparing                  
     and filing the returns to Mr. Walker, and that she intended the                  
     returns to be filed as he chose. From June 1963 through the time                 
     of trial, Mr. and Mrs. Walker have continued to live together and                
     enjoy the benefits of their economic community.  These facts are                 
     evidence establishing that Mrs. Walker intended that the 1978,                   
     1979, 1980, and 1981 returns Mr. Walker filed for them be joint                  
     returns.  Estate of Campbell v. Commissioner, supra at 2, 12-14;                 
     see also Estate of Krock v. Commissioner, T.C. Memo. 1983-551.                   
     Further, Mrs. Walker accepted the benefits from her and Mr.                      
     Walker's filing of joint returns for 1978, 1979, 1980, and 1981.                 
     The record reflects they received tax refunds as a result of                     
     their filing of these returns. See Heim v. Commissioner, 27 T.C.                 
     at 274.                                                                          
          Indeed, from the time the returns were filed through about                  
     October 1993, Mrs. Walker never undertook any affirmative act                    
     indicating that she intended the 1978, 1979, 1980, and 1981 returns be           
     anything other than her and Mr. Walker's joint returns. At trial, Mrs.           
     Walker acknowledged receiving in the mail, during the period from                
     about late December 1985 through 1988, a series of four letters from             


          that she viewed her actual execution of the returns to be a mere            
          formal ritual, and that she, nevertheless, consented to the                 
          returns being their joint returns. Estate of Campbell v.                    
          Commissioner, 56 T.C. 1, 12-13 (1971).                                      





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