- 11 - that a spouse's refusal to sign a joint return, for reasons unrelated to the return, does not preclude the return from qualifying as a joint return. Federbush v. Commissioner, supra. Moreover, Mrs. Noonan allegedly refused to sign the May return she had received from Ms. Burton because of her belief that the return might contain inaccuracies. This excuse is not convincing in that she could have easily compared it to the original in her father's possession and observed that it was exactly the same. Her other excuse, that she did not want to be held liable for any deficiencies relating to the return, is equally not convincing in that she has an adequate remedy in contract law, should it become necessary. We think that her effort to file a separate return when she was not liable to do so was an effort (with or without Ms. Burton's cooperation and advice) to frustrate petitioner's attempt to file the joint return pursuant to their prior agreement. Her testimony to the contrary was unpersuasive. We must, however, consider the effect of the requirement in the indemnification agreement that petitioner submit funds to the law firm to cover the tax liability before the law firm would be responsible for filing the return. This is a "condition precedent" under contract law and failure to comply therewith usually voids the contract obligation.5 5 In California, a property settlement agreement is a contract, and the rules of contract law apply in its (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011