Nathan T. OLPIN - Page 10




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          electronic filings.  Section 6061(b), titled "ELECTRONIC                    
          SIGNATURES", provides that "The Secretary shall develop                     
          procedures for the acceptance of signatures in digital or other             
          electronic form."  It authorizes the Secretary to "waive the                
          requirement of a signature" until such procedures are in place.             
          Sec. 6061(b)(1)(A).  If there were any doubt, however, as to the            
          application of the statute, it is clear from its legislative                
          history that section 6061(b) was promulgated to promote paperless           
          electronic filing by eliminating the need to file a paper form              
          with a manual signature in addition to the electronic filing.               
          See S. Rept. 105-174 (1998).  Furthermore, even if section                  
          6061(b) did authorize the Secretary to waive the signature                  
          requirement for any tax return, the language of the statute is              
          discretionary and does not require such a waiver.                           
               Petitioner's second argument that the purported return is a            
          valid 1995 Federal income tax return because he and his former              
          spouse intended it to be their joint return at the time of filing           
          also is without merit.  We have long held that if an "income tax            
          return is intended by both spouses as a joint return, the absence           
          of the signature of one spouse does not prevent their intention             
          from being realized."  Estate of Campbell v. Commissioner, 56               
          T.C. 1, 12 (1971) (emphasis added); see Ebeling v. Commissioner,            
          T.C. Memo. 1994-277, affd. without published opinion 76 F.3d 385            
          (9th Cir. 1996); Hammann v. Commissioner, T.C. Memo. 1987-260.              





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