- 36 - 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 1040Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011