Dorothy Ann Magee - Page 15

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          Douglas v. Commissioner, 27 T.C. 306, 313-314 (1956), affd. sub             
          nom. Sullivan v. Commissioner, 256 F.2d 4 (5th Cir. 1958); Heim             
          v. Commissioner, 27 T.C. 270, 273 (1956), affd. 251 F.2d 44 (8th            
          Cir. 1958).  Whether a husband and a wife intended to file a                
          joint return is highly probative of whether the return qualifies            
          as a joint return.  Stone v. Commissioner, 22 T.C. 893, 900-901             
          (1954).  A spouse’s intent is a question of fact.  Estate of                
          Campbell v. Commissioner, supra at 12.                                      
               Despite petitioner’s claim that Mr. Magee forged her                   
          signature on their joint return,13 the Court construes                      
          petitioner’s testimony and statement as affirming that she                  
          intended to file a joint return with Mr. Magee for 1996.                    
          Petitioner testified that she filed a separate return for 1996.             
          In reality, petitioner belatedly filed as an attachment to her              
          Form 843 a Form 1040-SS,14 dated March 15, 2004, for her 1996               
          taxable year showing negative self-employment income in the                 
          amount of $435 and no tax due.  However, petitioner’s previously            

               13 Petitioner was in the process of introducing evidence               
          that the signature on the 1996 joint return was not her signature           
          when respondent agreed verbally to stipulate this fact.                     
          Petitioner did not introduce any credible evidence that her                 
          agreement to file a joint Federal income tax return was acquired            
          under duress.                                                               
               14 See supra notes 3 and 4.  It appears that in 1996,                  
          petitioner intended to file a joint return with Mr. Magee.                  
          However, in 1998, after Mr. Magee failed to pay child support               
          payments, petitioner apparently questioned her decision to file             
          jointly with him.  In 2004, after the IRS initiated collection              
          action, petitioner attempted to file a separate return for 1996             
          to avoid liability for the unpaid 1996 joint tax still due and to           
          obtain a refund of her $900 in tax credits.                                 



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