- 19 - return for each of the years 1990 and 1991.14 The determinative factor as to whether spouses filed a joint tax return is whether such spouses intended to file such a return.15 Where both spouses intend that a tax return be filed as a joint return, the absence of the signature of one spouse does not prevent their intention from being realized. Estate of Campbell v. Commis- sioner, 56 T.C. 1, 12 (1971); Federbush v. Commissioner, 34 T.C. 740, 757 (1960), affd. per curiam 325 F.2d 1 (2d Cir. 1963); Heim v. Commissioner, 27 T.C. 270, 273 (1956), affd. 251 F.2d 44 (8th Cir. 1958); Howell v. Commissioner, 10 T.C. 859, 866 (1948), affd. per curiam 175 F.2d 240 (6th Cir. 1949). We have found as a fact that Ms. Collier intended to, and did, file tax returns for 1990 and 1991 jointly with Mr. Collier.16 We have no valid basis for concluding that Ms. Col- 14Moreover, we find it illogical to conclude, as Ms. Collier would have us do, that, because she allegedly did not sign the 1990 joint return and the 1991 joint return, “Both parties * * * [in the instant case] must have made a mutual mistake when entering into the stipulation.” 15Indeed, Ms. Collier admits on brief: The presence or absence of signatures on a joint return is not dispositive to filing status, * * * and the Court can find that petitioner filed joint returns even though she did not sign the returns at issue. * * * the Court will determine the non-signing spouse’s filing status by whether she intended to file a joint return. * * * [Citations omitted.] 16Consistent with the parties’ stipulations of fact, Ms. Collier testified that she filed tax returns for the years 1987 (continued...)Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011