- 4 - not a jointly filed return,2 and (2) that even if the 1999 return is a jointly filed return, petitioner was unaware of the retirement distribution since it was not included on the 1999 Form 1040, U.S. Individual Income Tax Return, she signed. The Court will treat these assertions as alternate defenses: (1) That the return filed is not a joint return because petitioner did not sign the return, and (2) that if the 1999 return is a valid joint return, petitioner is eligible for relief because she did not know about the early distribution from her former spouse’s IRA.3 Relief Under Section 6015 A predicate to relief under section 6015 is that a joint return was filed. Sec. 6015(a)(1), (b)(1)(A). Accordingly, if the Court should find that petitioner did not file a joint return, we would be required to deny petitioner’s claim for section 6015 relief. Raymond v. Commissioner, 119 T.C. 191, 194- 197 (2002). Married taxpayers may elect to file a joint Federal income tax return. Sec. 6013(a). Generally, a joint return must be 2 If we were to decide in favor of petitioner on this issue, petitioner would not be entitled to relief. Sec. 6015(a)(1), (b)(1)(A). Inasmuch as petitioner filed a joint return, we do not otherwise view petitioner’s assertions as a bar to consideration of her claim for relief under sec. 6015. 3 Rule 31(c) permits parties to set forth claims and defenses alternatively or hypothetically and allows parties to plead inconsistent claims and defenses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007