Gerald Dennis Strong - Page 27




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               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 separated           






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