Randolph John Beale - Page 21




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            to the dependency exemptions under section 152(a)(9), he would                             
            still not qualify, as a matter of law, as a head of household                              
            because of the limitation set forth in section 2(b)(3)(B)(i).                              
            Accordingly, petitioner is not entitled to head-of-household                               
            filing status but rather must use "single" filing status for                               
            taxable year 1993.                                                                         
                  1994 and 1995                                                                        
                  For taxable years 1994 and 1995, petitioner claims that he                           
            is entitled to married filing joint return status.  In the notice                          
            of deficiency, respondent determined that petitioner's filing                              
            status was "married filing separately".                                                    
                  Section 1(a) provides that the filing status married filing                          
            joint return applies only to "every married individual * * * who                           
            makes a single return jointly with his spouse under section                                
            6013".   From this language, it is clear that married taxpayers                            
            who fail to file returns are not entitled to married filing joint                          
            return tax rates.  See Martinez v. Commissioner, T.C. Memo. 1998-                          
            199, affd. 198 F.3d 242 (5th Cir. 1999); Collins v. Commissioner,                          
            T.C. Memo. 1994-409; Ebert v. Commissioner, T.C. Memo. 1991-629,                           
            affd. without published opinion 986 F.2d 1427 (10th Cir. 1993);                            
            Hess v. Commissioner, T.C. Memo. 1989-167; see also Phillips v.                            
            Commissioner, 86 T.C. 433, 441 n.7 (1986), affd. in part and                               
            revd. in part on another ground 851 F.2d 1492 (D.C. Cir. 1988).                            
            The parties stipulated that petitioner failed to file returns                              






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