Brian Timothy Brunner - Page 5

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          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 this           








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