JOINT RETURN AFTER FILING SEPARATE RETURN.

SEC. 312. JOINT RETURN AFTER FILING SEPARATE RETURN. (a) Change of Election.—Section 51 of the Internal Revenue Code (relating to making of individual returns) is hereby amended by adding at the end thereof the following new subsection: “(g) Joint Return After Filing Separate Return.— “(1) In general.—If an individual has filed a separate return for a taxable year for which a joint return could have been made by him and his spouse under subsection (b) of this section, and the time prescribed by law for filing the return for such taxable year has expired, such individual and his spouse may nevertheless make a joint return for such taxable year. A joint return filed by the husband and wife in such a case shall constitute the return of the husband and wife for such taxable year, and all payments, credits, refunds, or other repayments made or allowed with respect to the separate return of either spouse for such taxable year shall be taken into account in determining the extent to which the tax based upon the joint return has been paid. “(2) Payments required before joint return can be made.— A joint return can be made under paragraph (1) only if there is paid in full at or before the time of the filing of the joint return— “(A) all amounts previously assessed with respect to either spouse for such taxable year; “(B) all amounts shown as the tax by either spouse upon his separate return for such taxable year; and “(C) any amount determined, at the time of the filing of the joint return, as a deficiency with respect to either spouse for such taxable year if, prior to such filing, a notice under section 272 (a) of such deficiency has been mailed. “(3) Time for making joint return.— A joint return cannot be made under paragraph (1)— “(A) after the expiration of three years from the last date prescribed by law for filing the return for such taxable year (determined without regard to any extension of time granted to either spouse); “(B) after there has been mailed to either spouse, with respect to such taxable year, a notice of deficiency under section 272 (a), if the spouse, as to such notice, files a petition 65 Stat. 489 with the Tax Court of the United States within the time prescribed in such section; “(C) after either spouse has commenced a suit in any court for the recovery of any part of the tax for such taxable year; or “(D) after either spouse has entered into a closing AGREEMENT under section 3760 with respect to such taxable year, or after any civil or criminal case arising against either spouse with respect to such taxable year has been compromised under section 3761. “(4) Elections made in separate return.—If a joint return is made under this subsection, any election (other than the election to file a separate return) made by either spouse in his separate return for such taxable year with respect to the treatment of any income, deduction, or credit of such spouse shall not be changed in the making of the joint return where such election would have been irrevocable if the joint return had not been made. “(5) Death of spouse.—If a joint return is made under this subsection after the death of either spouse, such return with respect to the decedent can be made only by his executor or administrator. “(6) Additions to the tax.— Where the amount shown as the tax by the husband and wife on a joint return made under this subsection exceeds the aggregate of the amounts shown as the tax upon the separate return of each spouse— “(A) Negligence.—If any part of such excess is attributable to negligence or intentional disregard of rules and regulations (but without intent to defraud) at the time of the making of such separate return, then 5 per centum of the total amount of such excess shall be assessed, collected, and paid in the same manner as if it were a deficiency; “(B) Fraud.—If any part of such excess is attributable to fraud with intent to evade tax at the time of the making of such separate return, then 50 per centum of the total amount of such excess shall be so assessed, collected, and paid, in lieu of the 50 per centum addition to the tax provided in section 3612 (d) (2). “(7) Rules for application of sections 275 and 291.— For the purposes of section 275 (relating to period of limitations upon assessment and collection), and for the purposes of section 291 (relating to delinquent returns), a joint return made under this subsection shall be deemed to have been filed— “(A) where both spouses filed separate returns prior to making the joint return—on the date the last separate return was filed (but not earlier than the last date prescribed by law for filing the return of either spouse); “(B) where only one spouse filed a separate return prior to the making of the joint return, and the other spouse had less than $600 of gross income for such taxable year—on the date of the filing of such separate return (but not earlier than the last date prescribed by law for the filing of such separate return); or “(C) where only one spouse filed a separate return prior to the making of the joint return, and the other spouse had gross income of $600 or more for such taxable year—on the date of the filing of such joint return. “(8) Rule for application of section 322.—For the purposes of section 322 (relating to refunds and credits), a joint return 65 Stat. 490 made under this subsection shall be deemed to have been filed on the last date prescribed by law for filing the return for such taxable year (determined without regard to any extension of time granted to either spouse). “(9) Additional time for assessment.—If a joint return is made under this subsection, the period of limitations provided in sections 275 and 276 on the making of assessments and the beginning of distraint or a proceeding in court for collection shall with respect to such return include one year immediately after the date of the filing of such joint return (computed without regard to the provisions of paragraph (7) of this subsection). “(10) Rule for application of section 3809 (a).—For the purposes of section 3809 (a) (relating to criminal penalties in the case of fraudulent returns) the term ‘return’ includes a separate return filed by a spouse with respect to a taxable year for which a joint return is made under this subsection after the filing of such separate return.” (b) Effective Date.—The amendment made by subsection (a) shall be applicable only with respect to taxable years beginning after December 31, 1950.