- 14 - on a 1040, wherein the filing status was designated as ‘married, filing joint returns’ * * * [was] that Anne P. Treadaway had advanced Alzheimer’s disease”. That petitioner may have filed joint returns for 1994 and 1995 because Ms. Treadaway had ad- vanced Alzheimer’s disease does not mean that he is not jointly and severally liable for any deficiencies and accuracy-related penalties that the Court determines for those years. Petitioner was not required to file a joint return for 1994 or for 1995, nor was he required to file a separate return for each of those years. He had a choice. Consistent with the practice of Ms. Treadaway and petitioner who filed joint returns since at least taxable year 1991, petitioner decided to file (1) a joint return with Ms. Treadaway for 19948 and (2) a joint return for 1995 as the surviving spouse of Ms. Treadaway pursuant to section 6013(a)(3).9 On the record before us, we find that petitioner has failed to establish that he is not jointly and severally liable for a portion of the deficiencies and the accuracy-related penalties 8The 1994 joint return was signed by petitioner and Anne Treadaway. The signature of Anne Treadaway on the 1994 joint return is different from petitioner’s signature on that return. 9The 1995 joint return was signed by petitioner. There was no signature on that return by Ms. Treadaway who was deceased at the time the return was filed. Instead, the following statement was typed on the line for her signature: “Filing as surviving spouse”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011