Henry A. Julicher - Page 35




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               Accordingly, we sustain respondent’s determination                     
          disallowing the bad debt deductions claimed by petitioner in                
          1994.                                                                       
          Filing Status                                                               
               Petitioner argues that he is entitled to joint filing status           
          (and the rates under section 1(a)) in accordance with section               
          6013(b), because the 1994 Form 1040 constitutes a joint income              
          tax return filed by petitioner and Mrs. Julicher after he filed             
          separately for taxable year 1994.21  Respondent argues that the             
          1994 Form 1040 relied on by petitioner is not a valid joint                 
          return and consequently that petitioner did not elect to make a             
          joint return prior to the issuance of the notice of deficiency.22           
          We agree with respondent.                                                   
               Section 6013 in general entitles married taxpayers to make a           
          joint income tax return.  See sec. 6013(a).  Section 6013(b)(1)             
          further provides that even where a taxpayer has filed a separate            



               21 Petitioner also argues that, because he elected to make a           
          joint return under sec. 6013(b), the notice of deficiency is                
          invalid because it was sent to him alone.  Because we conclude              
          herein that petitioner has not validly elected to make a joint              
          return under that section, this argument is likewise without                
          merit.                                                                      
               22 Respondent also asserts that this issue was not raised on           
          a timely basis by petitioner but concedes there is no prejudice             
          to him so long as the parties’ stipulation characterizing the               
          1994 Form 1040 as an “amended return” is not treated as binding             
          on respondent for purposes of this issue.  Since petitioner has             
          not sought to rely on the stipulation for this purpose, we find             
          no prejudice and shall decide the issue.                                    





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