Francine Acquaviva - Page 14

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          the particular return in question."  Shea v. Commissioner, 780              
          F.2d 561, 567 (6th Cir. 1986), affg. in part, revg. in part, and            
          remanding T.C. Memo. 1984-310; Januschke v. Commissioner, supra             
          at 500.  Whether petitioner intended to file a joint return is a            
          question of fact.  O'Connor v. Commissioner, 412 F.2d 304, 309              
          (2d Cir. 1969), affg. in part and revg. in part on another issue            
          T.C. Memo. 1967-174.  In the instant case, petitioner did not               
          sign the returns; the burden therefore is on respondent to                  
          produce evidence of petitioner's intent to file a joint return              
          with Mr. Acquaviva.  Id.                                                    
               Petitioner knew that her husband's longtime accountant, Mr.            
          Defalco, prepared the subject returns, and she was confident in             
          his abilities.  Petitioner designated Mr. Defalco to represent              
          her during the audit of the 1986 and 1987 returns.  Thus, she had           
          the opportunity to raise an objection to the joint filing of the            
          returns with the examining agent at the audit level but chose not           
          to do so.  Cf. Estate of Campbell v. Commissioner, supra at 14.             
               Income from petitioner's dress shop was reported on Schedule           
          C of the 1985 return.  Gain from the sale of the real property              
          used by her dress shop, which she held as a joint owner with her            
          husband, was included on the 1986 return.  Although not                     
          conclusive, the inclusion of a spouse's income on a return has              
          been regarded as a factor supporting the conclusion that the                
          particular return in question was intended as a joint return.               
          Federbush v. Commissioner, supra at 756.  Petitioner testified              




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