- 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).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011