- 5 - exceeds the exemption amount is required to make an income tax return. Sec. 6012(a)(1)(A). Petitioner had gross income totaling $63,121.50 from wages and interest for taxable year 1997. The exemption amount for taxable year 1997 was $2,650. Petitioner’s gross income exceeded the exemption amount for the 1997 taxable year, and petitioner was therefore required to file an income tax return. C. Filing Status In order to qualify to calculate tax under rates applicable to “Married Individuals Filing Joint Returns”, an individual must make a joint return with his or her spouse pursuant to section 6013. Sec. 1(a)(1). Joint filing status is not allowable, unless a joint return is filed and made a part of the record before the case is submitted to our Court for decision. Phillips v. Commissioner, 86 T.C. 433, 441 n.7 (1986), affd. in relevant part 851 F.2d 1492 (D.C. Cir. 1988)(“where the taxpayer has filed no return as of the date the case is submitted for decision * * * no returns would be in the record, and, therefore, no joint filing status could be claimed.”); Gudenschwager v. Commissioner, T.C. Memo. 1989-6 (“If a taxpayer has not filed a return by the time his case is submitted for decision, it is too late for the taxpayer to file a joint return and elect joint filing status. * * * In this situation, no returns would be in the record, so thisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011