Daniel F. Layman, III - Page 16




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          earnings to his former wife for her support or for the support of           
          their children.  Respondent is certainly correct that petitioner            
          was not under a court order to pay child support and alimony                
          during the 3-year period; however, this fact does not establish             
          that petitioner acted as if he were solely entitled to his                  
          income.  Respondent recognizes that it is fortunate petitioner              
          chose to send support payments to his former spouse even though             
          he was not under a legal obligation to do so.  By choosing to               
          send substantial funds to his wife for her support and the                  
          support of their dependent children, petitioner did not act as              
          though he were solely entitled to the income during 1991, 1992,             
          and 1993.                                                                   
          III. Conclusion                                                             
               Since we have determined that petitioner did not act as if             
          he were solely entitled to the income, we hold that respondent              
          cannot use section 66(b) to disregard the application of                    
          Arizona's community property laws in calculating petitioner's               
          1991, 1992, and 1993 income tax liability.                                  
               To reflect the foregoing,                                              
                                             Decisions will be entered                
                                        under Rule 155.                               











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