John F. Moran - Page 27

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               We sustain respondent’s determination that petitioner                  
          understated his income tax by $47,881 in 1988.  Petitioner                  
          offered no evidence showing that any item contributing to the               
          amount understated was supported by substantial authority or                
          adequately disclosed on the return.  See sec. 6661(b)(2)(B).                
          Petitioner’s understatement exceeds both 10 percent of the tax              
          required to be shown on the return and $5,000.  See sec.                    
          6661(b)(1)(A).  Petitioner is liable for an addition to tax under           
          section 6661 in 1988.                                                       
          VI.  Petitioner’s Failure To Sign Returns                                   
               As a defense to the deficiencies, additions to tax, and                
          penalties, petitioner argues that he did not sign the joint                 
          returns for the years in issue.  A husband and wife who file a              
          joint Federal income tax return are generally required to sign              
          the return.  Sec. 6013(a); sec. 1.6013-1(a)(2), Income Tax Regs.            
          However, courts have found that spouses have filed a joint                  
          Federal income tax return even when one spouse failed to sign the           
          return.  Kann v. Commissioner, 210 F.2d 247, 251-252 (3d Cir.               
          1953), affg. 18 T.C. 1032 (1952); Heim v. Commissioner, 27 T.C.             
          270, 273 (1956), affd. 251 F.2d 44 (8th Cir. 1958).  “The                   
          determinative factor is whether the spouses intended to file a              
          joint return, their signatures being but indicative of such                 
          intent.”  Ladden v. Commissioner, 38 T.C. 530, 533 (1962) (citing           







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