Beruflich Dokumente
Kultur Dokumente
1
Unless otherwise indicated, section references are to the
Internal Revenue Code of 1986, as amended, in effect for the
relevant period.
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Background
Arkansas.
Petitioner and Mr. Harris first met sometime towards the end
and Mr. Harris separated in early 2004 and were divorced on July
26 of that year. All told, they lived together for less than 1
year.
2
Sec. 6064 provides “The fact that an individual’s name is
signed to a return * * * shall be prima facie evidence for all
purposes that the return * * * was actually signed by him.”
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Mr. Harris, she provided him with her Social Security number and
the Social Security number of her child that lived with them.
filed a 2003 joint Federal income tax return Mr. Harris prepared.
That return was signed by Mr. Harris. Although the return also
was not paid with the return and has not been paid since.
the 2003 return when she was notified by respondent that a $28
refund claimed on her 2004 Federal income tax return was being
Discussion
not file a joint Federal income tax return with the taxpayer’s
spouse for that year. See Raymond v. Commissioner, 119 T.C. 191,
194-197 (2002).
a joint Federal income tax return for any given year, then the
failure of one spouse to sign the return for that year will not
various factors are taken into account, such as: (1) Whether the
file other than jointly; (4) whether one spouse entirely relied
returns were filed; (7) whether the returns included the income
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175 F.2d 240 (6th Cir. 1949); Boyle v. Commissioner, T.C. Memo.
Harris with her Social Security number and the Social Security
file a joint return on her behalf and consented to his doing so.
the other. Be that as it may, Mr. Harris would have needed the
whether a joint return was filed. See sec. 151(a), (b), (c),
other.
other for any year before 2003. In fact, the 2003 return here in
question was not prepared and filed until after they were
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divorced. Petitioner did not sign the return, she was not
income tax return for that year. See sec. 6012(a). We find that
the 2003 return Mr. Harris prepared that gave rise to the 2003
file a joint return with Mr. Harris for 2003, relief from her