- 5 - income tax liabilities for 2002 and 2003. Petitioner believes that respondent should have used rates applicable to married taxpayers filing joint returns. To receive the benefit of joint return rates, taxpayers must file a valid joint return pursuant to section 6013. Sec. 1(a)(1); see Thompson v. Commissioner, 78 T.C. 558 (1982). The returns petitioner submitted for 2002 and 2003 were not valid income tax returns. (See discussion below.) Petitioner did not file any valid returns electing joint filing status before these cases were submitted for decision. Cf. Millsap v. Commissioner, 91 T.C. 926 (1988); Phillips v. Commissioner, 86 T.C. 433, 441 (1986), affd. in part and revd. in part 851 F.2d 1492 (D.C. Cir. 1988). Furthermore, petitioner does not make a claim that he was not legally required to file U.S. income tax returns, which would first have to be rejected for the need or opportunity to elect joint filing status to arise. Cf. Vazquez v. Commissioner, T.C. Memo. 1993-368. Petitioner has also failed to present any evidence regarding his eligibility for joint filing status. Thus, petitioner is not entitled to claim joint filing status, and respondent correctly calculated petitioner’s tax liability using married filing separately rates. See sec. 1(d). Petitioner also claims that he is entitled to deductions for his wife and children, which respondent did not allow in the calculation of petitioner’s tax liabilities. Since petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007