Wilson D. Watson - Page 21




                                       - 21 -                                         
               is invalid, as the accompanying statement vitiates the                 
               jurat.  Williams v. Commissioner, 114 T.C. 136 (2000);                 
               Sloan v. Commissioner, supra.  Doubts regarding whether                
               the accompanying statement has qualified the jurat so                  
               as to invalidate the return are resolved in the                        
               Commissioner's favor.  Sloan v. Commissioner, 53 F.3d                  
               799, 800 (7th Cir. 1995), affg. 102 T.C. 137.                          
               However, not every individual with taxable income need make            
          a return.  In pertinent part, section 6012(a)(1) provides that an           
          individual whose filing status is “single” need not file a                  
          Federal income tax return unless gross income for the taxable               
          year exceeds the sum of the applicable personal exemption amount            
          and the basic standard deduction, and that an individual whose              
          filing status is “married filing separately” need not file a                
          return unless gross income for the taxable year exceeds the                 
          applicable personal exemption amount.  See sec. 6012(a)(1)(A)(i)            
          and (D).  As discussed supra in note 10, for all of the years in            
          issue, petitioner claimed a filing status of “single”, but, for             
          1998 and 1999, respondent assumed a filing status for petitioner            
          of “married filing separately”, and applied the return filing               
          thresholds pertinent thereto:  $2,700 for 1998 and $2,750 for               
          1999.  That dispute, which we have resolved in respondent’s favor           
          (see supra note 9), is moot, however, because even if we assume             
          that the return filing thresholds applicable to “single” filers             
          apply to petitioner, $6,950 for 1998 and $7,050 for 1999,                   
          petitioner’s gross income for both 1998 and 1999, as redetermined           
          herein, is far in excess of those thresholds, and he was required           







Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next 

Last modified: November 10, 2007