- 27 - 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) (citingPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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