- 14 - 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 testifiedPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011