Henry Link - Page 7

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          year in issue exceeded the sum of the standard deduction and                
          personal exemption.  Sec. 6012(a)(1).  Accordingly, petitioner              
          was required to file income tax returns for taxable years 1998              
          through 2002.                                                               
               A taxpayer may claim married filing jointly status if he and           
          his spouse are legally eligible to file jointly and in fact do              
          file.  See secs. (1)(a), 6013; Columbus v. Commissioner, T.C.               
          Memo. 1998-60, affd. without published opinion 162 F.3d 1172                
          (10th Cir. 1998).  Petitioner did not file tax returns during               
          each year in issue.  As noted above, petitioner was given                   
          multiple opportunities to present corroborating evidence                    
          regarding his marital status but stubbornly refused to do so.  We           
          therefore do not accept petitioner’s uncorroborated assertion of            
          his marital status.  Consequently, we hold that petitioner has              
          failed to prove that his filing status is not that of an                    
          unmarried individual.  Rule 142(a); Welch v. Helvering, supra.              
          Accordingly, petitioner is not entitled to married filing jointly           
          status.                                                                     
               A taxpayer filing a separate return may claim an exemption             
          for his spouse if his spouse has no gross income and is not the             
          dependent of another taxpayer.  Sec. 151(b).  Petitioner contends           
          that he is entitled to claim his spouse as a dependent.  Even               
          assuming that petitioner is married, petitioner presented no                
          evidence that his spouse does not have any income of her own.               






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