The following excerpt is from Devore v. C.I.R., 963 F.2d 280 (9th Cir. 1992):
Our research uncovered only one case that is directly on point. In Wilson v. Commissioner, 500 F.2d 645 (2nd Cir.1974), a husband and wife had filed joint tax returns. The husband earned a much larger income than his wife. A deficiency judgment was entered against the couple. Throughout the tax proceedings, they were jointly represented by the same attorney. However, they were also engaged in a simultaneous annulment action. In the annulment action, the husband was represented by the same attorney who represented the couple in the tax proceedings.
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