- 8 - she could request relief under section 6015(f) only if she had filed a joint return for 1998, petitioner, through her counsel, did not clearly state during trial that she conceded the joint return issue. However, we shall assume, for purposes of our analysis, that petitioner has effectively conceded that she filed or ratified the filing of a joint return for 1998 because she continues to assert she is entitled to relief under section 6015(f).4 Our jurisdiction to review petitioner’s claim for relief is conferred by section 6015(e). This provision allows a spouse who has requested relief from joint and several liability to contest the Commissioner's denial of relief or to contest the 4The failure of one spouse to sign an income tax return before its filing does not necessarily mean that the return is not a joint return. Heim v. Commissioner, 27 T.C. 270 (1956), affd. 251 F.2d 44 (8th Cir. 1958). The determinative factor in deciding whether a filed return qualifies as a joint return is whether a husband and wife intended to file a joint return. Stone v. Commissioner, 22 T.C. 893 (1954). We have held that where a husband filed a joint return with no objection from his wife, who failed to file her own return, a presumption arises that the joint return was filed with the tacit approval of the wife. Heim v. Commissioner, supra at 273; see also Carroro v. Commissioner, 29 B.T.A. 646, 650 (1933). In this case, petitioner knew that Mr. Ziegler had filed a joint return for 1998 when she saw the refund check issued in both of their names. She subsequently obtained a copy of the filed return and, knowing that her husband had filed a joint return for 1998, took the joint refund check and deposited it into her husband’s account. But she made no effort to verify that the joint return included her earned income or to file a separate return reporting her earned income until July 2000 when she started to receive collection notices from respondent for the 1998 deficiency assessment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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