June 9, 2022 - Douglas Myser

Jones v Commissioner part two. Lindsey Jones was trying to obtain Innocent Spouse relief under the IRS code. The court determined that the petitioner, Lindsey Jones, had consented to the filing of the 2010 jointly filed tax return. Petitioner did not file a separate Federal IRS income tax return despite her income having exceeded the filing threshold limit. Petitioner also acknowledged that she provided Mr. Pike her tax related information for 2009 and 2010, despite having separated from him. Mr. Pike credibly testified that petitioner gave him her tax related information for the years 2009 and 2010 so they could file a joint tax return. Furthermore, Mr. Pike and Jones had filed joint tax returns for all the years they were married, and petitioner relied on Mr. Pike to prepare for those returns, as well as to handle all other family financial matters. Jones v Commissioner part two.

Similarly, petitioner testified that she allowed Mr. Johnson to sign her name on the 2012 joint return. Petitioner acknowledged that she had no involvement with the preparation of the 2012 joint return and did not review that return whatsoever before allowing Mr. Johnson to sign her name upon it. The absence of her signature on Federal Income tax returns is therefore, not decisive. Accordingly, these facts support a finding that petitioner and Mr. Pike made a valid joint federal income tax return for 2010. For a requesting spouse to be eligible for Relief under the Innocent Spouse provision of the IRS Tax Code, a petitioner must satisfy one of several rules. Having willfully signed a joint return, to obtain the benefit of a lower tax rate would not allow petitioner to qualify for the Innocent Spouse provision.

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