John Charles Treadaway, Sr. - Page 14




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          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”.                                                                    





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