- 10 - Rather, respondent argues that petitioner is not entitled to claim joint filing status pursuant to section 6013(b)(2)(C). Section 6013(b)(2) permits the election of a joint return, after a separate return has been filed, under specified circumstances. Section 6013(b)(2)(C) precludes the filing of a joint return where a separate return has been filed, a notice of deficiency has been mailed to either spouse, and a petition has been timely filed with the Court.8 Millsap v. Commissioner, 91 T.C. 926, 929 (1988); Jacobson v. Commissioner, 73 T.C. 610, 614 (1979). On brief respondent argues that section 6013(b)(2)(C) applies since the election to file a joint return was made after a notice of deficiency was mailed to petitioner and after a petition was filed with this Court. Respondent's argument misses the mark. In submitting a purported copy of the 1991 return to respondent's Appeals Office on April 15, 1994, it is not clear that petitioner intended to "file" the 1991 return on that date. 8 SEC. 6013(b)(2). Limitations for making of election.--The election provided for in paragraph (1) may not be made-- * * * (C) after there has been mailed to either spouse, with respect to such taxable year, a notice of deficiency under section 6212, if the spouse, as to such notice, files a petition with the Tax Court within the time prescribed in section 6213; * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011