- 18 - 5. Conclusion We shall sustain respondent’s determination of a deficiency to the extent it is based on a disallowance of a deduction for the Dallas apartment rental amount. C. Florida Expenses 1. Facts The parties have stipulated that, in April 1994, the Duquettes relocated to Naples, Florida. A property settlement agreement entered into by them in connection with their divorce recites that they “lived and cohabited as Husband and Wife until on or about April 1994". The Duquettes were married during all of calendar year 1994, and they filed a joint Federal income tax return for that year (the joint return). The joint return is signed by Norman and is dated March 13, 1995. Attached to the joint return is a form reporting the sale of the Dallas apartment. That form recites that, on July 25, 1994, Aline had purchased a replacement residence and that Norman “will do so within the two year period [permitted for tax free replacement of a principal residence]”. From April 1994, until September 30, 1994 (the last day of the 1994 tax year), Norman’s presence in Florida was sporadic. He testified: “When I went down there in May and June, I helped her [Aline] look for places.” Apparently, Aline was staying in temporary lodgings. Norman testified that he spent time with Aline in such temporary lodging. He testifiedPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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