- 4 - taxpayer's spouse is not a member of the household during the last 6 months of the tax year. Petitioner contends that he is entitled to head of household filing status because he and Longina Newsom lived apart during the 1997 tax year and because petitioner provided a household which was the primary residence for Krissa Williams for more than half of the 1997 tax year. Petitioner, however, has failed to establish these facts. The requirement of section 7703(b)(3) that a taxpayer's spouse not be a member of his household during the last 6 months of the taxable year is met "if such household does not constitute such spouse's place of abode at any time during such year." Sec. 1.7703-1(b)(5), Income Tax Regs. There was conflicting testimony regarding petitioner and Longina Newsom's living arrangements during the year at issue. Petitioner testified that he and Longina Newsom separated sometime in 1996 and, with the exception of a 1-month reconciliation in November of 1997, remained separated until January 1999. Although petitioner testified that at no time during 1997 did he and Longina Newsom live together, Longina Newsom testified that she and petitioner lived together for "about one month" in 1997. In further conflict with petitioner's assertion that he and Mrs. Newsom did not live together during the year at issue, petitioner filed a complaint on March 20, 1998, instituting aPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011