James A. Shinault - Page 5

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          supra at 446-447.  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).                                             
               Respondent contends that petitioner’s correct filing status            
          is that of married individual filing a separate return.  See sec.           
          1(d).  Petitioner testified at trial that he sent a joint Federal           
          tax return for taxable year 2000 to the Internal Revenue Service            
          in Atlanta, Georgia, in November of 2005.  Petitioner, however,             
          failed to produce a signed copy of his return or a certified mail           
          receipt despite testifying that he had both.  Respondent’s                  
          transcripts of account contained no evidence of any 2000 tax                
          return for petitioner.  Based on the record in the instant case,            
          we conclude that petitioner has failed to prove that his filing             
          status is not married filing separately.                                    
               Petitioner bears the burden of showing that he is entitled             
          to claim any additional exemptions.  Rule 142(a); Welch v.                  
          Helvering, supra; Columbus v. Commissioner, supra.  A taxpayer              
          filing a separate return may claim an exemption for his spouse              
          “if the spouse, for the calendar year in which the taxable year             
          of the taxpayer begins, has no gross income and is not the                  
          dependent of another taxpayer.”  Sec. 151(b).  A taxpayer also              
          may claim an additional exemption for each individual who is a              






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