- 16 - believe a married couple should file joint income tax returns.4 We note, however, that in exchange for assuming joint and several liability for Mr. Ogonoski’s taxes by filing jointly, petitioner became entitled to and received certain tax advantages. We explained the reason for the provisions establishing joint and several liability in Sonnenborn v. Commissioner, 57 T.C. 373, 380-381 (1971), as follows: It is important that these provisions be kept in proper perspective. The filing of a joint return is a highly valuable privilege to husband and wife since the resulting tax liability is generally substantially less than the combined taxes that would be due from both spouses if they had filed separate returns. This circumstance gives particular emphasis to the statutory rule that liability with respect to tax is joint and several, regardless of the source of the income or of the fact that one spouse may be far less informed about the contents of the return than the other, for both spouses ordinarily benefit from the reduction in tax that ensues by reason of the joint return. * * * See also Murphy v. Commissioner, 103 T.C. 111, 117 (1994). When petitioner voluntarily signed the returns with the knowledge of Mr. Ogonoski’s “pattern” of nonpayment, petitioner assumed the risk Mr. Ogonoski would not pay the reported liabilities. 4Petitioner cannot persuasively claim she was unaware she could file separately from Mr. Ogonoski because the instructions to Form 1040, U.S. Individual Income Tax Return, inform married taxpayers they have the right to file separately, and the Form 1040 that she signed allows the taxpayer to check a box for “married filing separate return” status. Petitioner’s failure to know or understand the tax laws is not a defense. See Cheshire v. Commissioner, 115 T.C. 183, 198 (2000), affd. 282 F.3d 326 (5th Cir. 2002).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011