- 8 - Reaves v. Commissioner, 31 T.C. 690, 713 (1958), affd. 295 F.2d 336 (5th Cir. 1961); Dixon v. Commissioner, 28 T.C. 338, 346-348 (1957). Petitioner acknowledges the "traditional general" rule requiring signatures on tax returns but contends that the unsigned 1040 Form sent to the IRS for tax year 1995 is a valid return because both he and his former spouse intended to file a joint return, and they inadvertently failed to sign the purported return. Petitioner relies on two arguments: (1) Recent Federal law has eliminated the manual signature requirement, and (2) the facts of this case fall within an exception to the general rule requiring tax returns to be signed.2 2 Petitioner also suggests that the IRS is required to abide by its initial processing of the purported return as the joint return of petitioner and Mrs. Olpin. The IRS' processing of the purported return and its acceptance of petitioner's payments of the tax liability reflected on the form, however, can not cure the absence of a signature. See Lucas v. Pilliod Lumber Co., 281 U.S. 245 (1930)(finding that no IRS officer had the power to override the requirement that a tax return be signed for purposes of the statute of limitations); Vaira v. Commissioner, 52 T.C. 986, 1004 (1969), revd. on other issues 444 F.2d 770 (3d Cir. 1971); Smart v. Commissioner, T.C. Memo. 1987-279. Although there is a case suggesting that the actions of the IRS may constitute "acceptance" of an unsigned return, the present case is distinguishable. In Dowell v. Commissioner, 614 F.2d 1263, 1266-1267 (10th Cir. 1980), vacated and remanded 465 U.S. 1001 (1984), the Court of Appeals for the Tenth Circuit determined that the IRS, in relying on unsigned amended tax returns to convict taxpayers of willfully filing fraudulent returns and to determine additional taxes due, had "accepted" the amended returns and could no longer argue that there was no limitation period for assessment of tax shown on the original (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011