- 37 - to the examining agent herein constitutes filing, the document is not a valid joint return. Cf. Olpin v. Commissioner, supra (unsigned joint return is invalid return even though IRS had treated it as filed, processed it as joint return, and accepted payment of liability reflected thereon). Since the unsigned 1994 Form 1040 is not a valid return, petitioner failed to elect to make a joint return prior to the issuance of the notice of deficiency in this case. See sec. 6013(b)(2)(C).23 Petitioner appears to argue that various actions and/or inactions24 by Internal Revenue Service personnel should constitute a waiver of the signature requirement. However, the signature requirement for purposes of a valid joint return may not be waived by Internal Revenue Service personnel. Olpin v. Commissioner, supra at 1301 (“acceptance cannot cure an invalid return”); see also Lucas v. Pilliod Lumber Co., 281 U.S. 245 23 Sec. 6013(b)(2)(C) is currently codified as sec. 6013(b)(2)(B), effective for taxable years beginning after July 30, 1996. Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 402(a), 110 Stat. 1459 (1996). 24 In addition to the arguments already noted, petitioner contends that the Internal Revenue Service failed to advise him that his attempt to claim joint filing status had not been accepted. In response, respondent points to the Form 4549, Income Tax Examination Changes, prepared by the revenue agent and dated Mar. 6, 1998, which is attached to the notice of deficiency. Respondent contends that the Form 4549, which employed a “Married - Separate” filing status, put petitioner on notice that his claim of joint filing status had not been accepted. The record in this case, however, does not establish that the Form 4549 was provided to petitioner prior to the mailing of the notice of deficiency.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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