Charles W. Newsom - Page 4




                                        - 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 a               





Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011