Henry A. Julicher - Page 36




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          return for a taxable year and the time prescribed for filing has            
          expired, the taxpayer may nevertheless make a joint return with             
          his or her spouse, subject to specified limitations.  One such              
          limitation is that the election to make a joint return may not be           
          made after a notice of deficiency for the year at issue has been            
          mailed to either spouse, if the spouse files a timely petition              
          with the Tax Court.  Sec. 6013(b)(2)(C).  A joint return filed              
          pursuant to section 6013(b)(1) constitutes the spouses’ return              
          for the taxable year.  Sec. 6013(b)(1).                                     
               Petitioner argues that the submission of the 1994 Form 1040            
          by his authorized representative to the revenue agent examining             
          his 1994 taxable year, where the agent requested that it be                 
          submitted to her and represented that it should be considered               
          filed, coupled with the failure of the Internal Revenue Service             
          subsequently to advise petitioner that the 1994 Form 1040 had not           
          been accepted, should constitute an election to make a joint                
          return under section 6013(b).  We hold that no election was made,           
          because the 1994 Form 1040 was not a valid joint return.                    
               Entitlement to joint filing status requires the filing of a            
          valid joint return.  Thompson v. Commissioner, 78 T.C. 558                  
          (1982).  A return that is not signed by either spouse, as in the            
          instant case, is not a valid return.  Olpin v. Commissioner, 270            
          F.3d 1297, 1300 (10th Cir. 2001), affg. T.C. Memo. 1999-426.                
          Thus, regardless of whether the submission of the 1994 Form 1040            






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