Legal Opinion

Gudenschwager v. Commissioner

United States Tax Court

Decided January 9, 1989No. Docket Nos. 1776-84; 35179-84UnpublishedCited by 7 opinions

P did not file Federal income tax returns for 1974, 1975, or 1979 through 1982. P filed unsigned Forms 1040 for 1977 and 1978. P filed his 1976 Federal income tax return in 1982. Although the filing status indicated on the 1976 tax return was "married filing joint return," P's wife did not sign the return.

Read the full summary

P did not file Federal income tax returns for 1974, 1975, or 1979 through 1982. P filed unsigned Forms 1040 for 1977 and 1978. P filed his 1976 Federal income tax return in 1982. Although the filing status indicated on the 1976 tax return was "married filing joint return," P's wife did not sign the return. P claimed two personal exemptions on his 1976 return and his unsigned Forms 1040 for 1977 and 1978. P claimed business deductions and a long-term capital loss for 1976. Held: P is not entitled to joint return status. Held further: P had unreported income for 1974, 1975, and 1977 through…

1Opinion of the Court

JEWEL JOHN GUDENSCHWAGER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Gudenschwager v. Commissioner

Docket Nos. 1776-84; 35179-84.

United States Tax Court

T.C. Memo 1989-6; 1989 Tax Ct. Memo LEXIS 6; 56 T.C.M. (CCH) 1010; T.C.M. (RIA) 89006;

January 9, 1989; As amended January 10, 1989

P did not file Federal income tax returns for 1974, 1975, or 1979 through 1982. P filed unsigned Forms 1040 for 1977 and 1978. P filed his 1976 Federal income tax return in 1982. Although the filing status indicated on the 1976 tax return was "married filing joint return," P's wife did not sign the…

2Cases cited17 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  3. Neely v. CommissionerUnited States Tax Court · 1985
  4. Grosshandler v. CommissionerUnited States Tax Court · 1980
  5. Enoch v. CommissionerUnited States Tax Court · 1972

12 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Scherping v. CommissionerUnited States Tax Court · 1989
  2. Vazquez v. CommissionerUnited States Tax Court · 1993
  3. Brunner v. Comm'rUnited States Tax Court · 2004
  4. Kemmerer v. CommissionerUnited States Tax Court · 1993
  5. RYAN v. COMMISSIONERUnited States Tax Court · 2005

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API