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T.C. Memo. 2009-140 UNITED STATES TAX COURT JAMES A. HAIGH, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 16461-07. Filed June 15, 2009. James A. Haigh, pro SE. Henry N. Carrier,
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2 (2) Is petitioner entitled to a refund? We hold that he is (3) Is petitioner entitled to credit for the State income taxes paid by his children? We hold that he is (4) Is petitioner eligible for a deduction under IRC Sec. 641? Furthermore, we hold that he is In this appeal, we address petitioner's entitlement to married filing separately filing status and to a refund of taxes he paid on the basis of his filing Petitioner's issue in this appeal is whether the Internal Revenue Service's June 8, 2009, notice advising him that he was being denied married filing separately status based on his failure to file the form T1034 was legally incorrect. The notice was based on the fact that petitioner failed to file Form T1034, Petitioner's Annual Return of Joint and Separate Income, the income tax return filed by husband and wife on their joint return for the 2004 tax year. For the reasons stated herein, we dismiss Petitioner's appeal from the Service's June 8, 2009 CHANGES Reasons for Judgment I. The Issue Petitioner was ordered to file a joint federal income tax return for the 2004 tax year. He filed his joint tax return jointly with his spouse, Deborah. They both made a joint effort to obtain a joint return. The return filed by petitioner would have shown his joint income for the 2004 tax year, but he failed to file the return. Petitioner filed a Form 941 to show the joint taxable income, but he failed to file it. Petitioner and Deborah each made a separate federal return, Form 1040, jointly. Deborah filed a separate return, and the return filed for her claimed the joint return of her two children as her only children, under IRC Sec. 668 and IRC Sec. 697(a). However, she stated that her two other children, Rachel and Joshua, resided with her but reported no income, as all their income was from her and her father. Petitioner and Deborah then filed separate Form 1040, but under Section 7604(h) of the Code, Deborah was required to file a joint federal income tax return with her income from the 2004 tax year on which their taxes were paid. The tax return filed by Rachel and Joshua did not claim the joint return of their two children as income, but it claimed the joint income of their mother, Deborah.

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