Gabriel M. Daya, et al. - Page 37




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               Both Gabriel and Morhaf testified that they lived as one               
          family in the Foster City residence during 1995 and 1996.  Gabriel          
          testified that the family shared a kitchen and living area and              
          that his mother bought food for the entire family.  Petitioners             
          have identified no separate expenditures for the support of                 
          individual members of the household or for the maintenance of two           
          separate households.  Nothing in the record indicates that two              
          separate households existed within the Foster City residence.  See          
          Estate of Fleming v. Commissioner, T.C. Memo. 1974-137 (finding             
          two separate households where common living areas were shared but           
          each household had “private quarters” occupying an entire level of          
          the shared house, and each household maintained a separate                  
          telephone, subscribed to its own magazines, and gave separate               
          gifts and charitable contributions).  We therefore find that the            
          members of the Mahmoud Daya family constituted one household                
          during 1995 and 1996.                                                       
               On brief, Morhaf states that $668.74 was disbursed from his            
          checking account during 1995 in identifiable payments for items             
          constituting expenditures for the maintenance of a household                
          within the definition set forth in section 1.2-2(d), Income Tax             
          Regs.  Although we are unable to determine the specific expenses            
          which make up the $668.74 total, this number corresponds with the           
          disbursements characterized as “Household” disbursements in the             
          1995 summary of disbursements from Morhaf’s checking account.               






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