- 8 - we are satisfied that the separate return is petitioner’s 1992 Federal income tax return, and, under the circumstances, the joint return was not made pursuant to a valid election on petitioner’s part. Cf. Cassity v. Commissioner, T.C. Memo. 1987- 181; see sec. 1.6013-1(a)(2), Income Tax Regs., sec. 1.6061-1(a), Income Tax Regs. Petitioner’s agreement to file a joint return with Mr. Stimeling at his request did not authorize him to sign the return on her behalf or to file it without first allowing her to review it. It follows that petitioner’s request for section 6015 relief from the 1992 Federal income tax liability currently assessed against her must be denied because she did not file a joint return for that year.1 See Raymond v. Commissioner, 119 T.C. 191, 195-197 (2002). Respondent’s denial of section 6015 relief for that year, albeit based upon different grounds and perhaps ironically, cannot be considered an abuse of discretion. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered for respondent. 1 Taking into account the sec. 6511 period of limitations, petitioner’s remedy, if any, appears to be a traditional claim for refund.Page: Previous 1 2 3 4 5 6 7 8 9
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