- 8 - One factor to consider is whether one of the spouses filed a separate return. In Springmann v. Commissioner, T.C. Memo. 1987- 474, and Etesam v. Commissioner, T.C. Memo. 1998-73, we found that the filing of a separate return by the taxpayer’s spouse demonstrated a lack of intent to file a joint return. But this factor alone is not dispositive in all cases. In certain circumstances, a husband and wife may still file a joint return for a taxable year after one or the other has filed a separate return, or both have filed separate returns for that taxable year. Sec. 6013(b). Other factors to consider are whether the purported joint return contains the signatures of both spouses and under what circumstances those signatures were obtained. In general, a joint return must be signed by both spouses unless one spouse signs as an agent of the other. Sec. 6061; sec. 1.6013-1(a)(2), Income Tax Regs. Where a signature is obtained by fraud or duress, there is no intent to file a joint return. See United States v. Kramer, 52 AFTR 2d 83-5630, 83-2 USTC par. 9474 (D. Md. 1983). And where one of the spouses has not actually signed the return and has not consented to anyone else’s signing it on his or her behalf, there is also no intent to file a joint return. See, e.g., Leggett v. Commissioner, T.C. Memo. 1976-7. Such consent by the nonsigning spouse may be tacit or express. See Jones v. Commissioner, supra at 101 (noting that “silence isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011