- 29 - joint tax return. We conclude that both petitioner and Mary intended that the tax return filed on October 16, 1995, be their joint 1994 tax return. Respondent states on brief several contrary considerations, none of which causes us to change our conclusion. (1) “Petitioner’s spouse filed a separate return for the year 1994, using married, filing separately filing status.” Firstly, respondent does not suggest that Mary’s separate tax return, filed in 1998, constitutes a valid revocation of a timely filed joint tax return. See Ladden v. Commissioner, 38 T.C. 530, 533-534 (1962); sec. 1.6013-1(a)(1), Income Tax Regs. The relevance, then, is the light, if any, that Mary’s 1998 filing shines on Mary’s intentions when the joint tax return was filed, on October 16, 1995. We conclude that the circumstances had changed so drastically in August 1997 that Mary’s later actions serve primarily to underscore the significance of her essentially unbroken pattern of assent that continued through October 16, 1995, and even past that date. Secondly, we give greater weight to the fact that, until 1998, Mary did not file a separate tax return even though she had more than $20,000 of Form W-2 income and had an income tax liability in excess of her withholding. (2) “At the time the 1994 tax return was filed, there were severe marital problems present in the relationship between petitioner and his wife. In fact, petitioner and his spouse werePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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