- 5 - petitioner wife did qualify as a dependent of petitioner husband, nothing excludes the income of a spouse--even if the income is less than $2,500--from exclusion on a joint return. Rather, section 6013(d)(3) provides that if a joint return is filed, "the tax shall be computed on the aggregate income" of both spouses. Therefore, petitioner wife's wage income is includable on petitioners' joint return. Alternatively, petitioners contend that they should not now be required to pay an additional tax for the year in issue because they received a refund for that year for an additional amount they did not claim on their return. Petitioners contend that respondent should have ensured that no other taxes were owing before issuing the additional $1,352 refund. We disagree. Petitioners in essence did claim the full $2,616.41 refund on their return by entering 4 exemptions on line 6(e) of their Form 1040A. It was only due to a mathematical error by Ms. Havens that the actual refund amount entered on lines 30 and 31 of that return was lower. Thereafter, respondent acted 4(...continued) statute and, although a taxpayer's spouse may very well be a member of the taxpayer's household for the entire year, sec. 152(a)(9) specifically excludes a spouse from its coverage. Although a spouse does not qualify as a dependent, a spouse is entitled to a personal exemption for him or herself if a joint return is filed. See sec. 151(b); sec. 1.151-1(b), Income Tax Regs.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011