Sandrus L. Collier - Page 19




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          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...)           





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