- 27 - Under section 6061 and section 1.6013-1(a)(2), Income Tax Regs., a joint tax return must be signed by both spouses unless one spouse signs as agent of the other. Notwithstanding the mandatory language of the regulation, a tax return may be a joint tax return even though the signature of one spouse is missing, if both spouses intended that the return be a joint tax return. See Estate of Campbell v. Commissioner, 56 T.C. 1, 12-14 (1971); Federbush v. Commissioner, 34 T.C. 740, 757-758 (1960), affd. 325 F.2d 1, 2 (2d Cir. 1963); Heim v. Commissioner, 27 T.C. 270, 273 (1956), affd. 251 F.2d 44, 46 (8th Cir. 1958). The question whether both spouses intended to file a joint return is one of fact. See Estate of Campbell v. Commissioner, 56 T.C. at 12; Heim v. Commissioner, 27 T.C. at 273, 251 F.2d at 46; Helfrich v. Commissioner, 25 T.C. 404, 407 (1955). The presence or absence of each spouse’s signature on the return is a factor to be considered in answering this question, but it is not conclusive. See Hennen v. Commissioner, 35 T.C. 747, 748 (1961); Howell v. Commissioner, 10 T.C. 859, 866 (1948), affd. 175 F.2d 240 (6th Cir. 1949). The following considerations point toward a conclusion that Mary intended to file a 1994 joint tax return with petitioner at the time that tax return was filed: For decades, petitioner prepared and filed joint tax returns for himself and Mary, and this pattern continued until 1997, even though they had separatedPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011