Alice Berger, et al. - Page 33

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               When spouses file a joint return, the tax is computed on               
          their aggregate income, and their liability for the tax is joint            
          and several.  Sec. 6013(d)(3).  A taxpayer's liability on a joint           
          return depends on the taxpayer's voluntary execution of the                 
          return.  Stanley v. Commissioner, 45 T.C. 555, 560 (1966).  A               
          taxpayer who signs a return under duress has not voluntarily                
          executed the return and will not be held liable for the tax shown           
          due thereon, or for any tax deficiency for the year in question             
          that is attributable to the other spouse.  Stanley v.                       
          Commissioner, 81 T.C. 634, 637-638 (1983).                                  
               We have stated that duress is determined "under a uniform              
          standard unaffected by the idiosyncracies of particular State               
          law" and implied that we would develop an independent Federal               
          standard.  Brown v. Commissioner, 51 T.C. at 119-120.  However,             
          the cases that we cited support this conclusion only to a limited           
                                                  extent,5 and recent                 
          opinions of the Supreme Court seem to indicate that we should               


          5We said that the Court of Appeals in Furnish v.                            
          Commissioner, 262 F.2d 727, 733 (9th Cir. 1958), affg. in part              
          and remanding in part on this issue Funk v. Commissioner, 29 T.C.           
          279 (1957), "[formulated] a standard of duress applicable in                
          Federal tax controversies", but it would appear that court was              
          rather clearly applying the California law of duress.  The other            
          case cited in Brown v. Commissioner, 51 T.C. 116 (1968), in                 
          support of our statement was Stanley v. Commissioner, 45 T.C. 555           
          (1966); while that case did support a nationwide uniform standard           
          of duress for the purpose of determining the validity of a                  
          Federal income tax return as a joint return, id. at 561-562, it             
          expressly denied that it was establishing a Federal common law of           
          duress, id. at 562 n.12.                                                    




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