- 4 - tests. However, section 32(d) continues and provides that “in the case of an individual who is married (within the meaning of section 7703), this section shall apply only if a joint return is filed for the taxable year under section 6013.” According to section 7703(a)(1), “the determination of whether an individual is married shall be made as of the close of his [or her] taxable year”. As of December 31, 1997, the end of her taxable year, petitioner and Mr. Aviles were married and living together with their three children. Section 6013 allows a husband and wife to file a single joint return even though one of the spouses has neither gross income nor deductions. Section 6013(b) provides that in certain circumstances a joint return may be filed after the filing of a separate return. However, section 6013(b)(2) provides certain limitations. A joint return cannot be made after the expiration of 3 years from the last date prescribed by law for filing the return for the taxable year. A joint return cannot be made after there has been mailed to either spouse, with respect to the taxable year, a notice of deficiency pursuant to section 6212, and the spouse receiving such notice files a petition to the Tax Court within the time prescribed in section 6213. Sec. 6013(b)(2)(A) and (B). Here both limitations apply. Petitioner filed her income tax return for 1997 on or before April 15, 1998. The 3-year period within which to file a joint return expired on April 15,Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011