- 33 - 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.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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