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their relationship at that time was less than cordial.
Nevertheless, both testified that she moved from the Louisville
residence in April 1997. Both testified that after moving in
April, she returned to the Louisville residence from time to time
to retrieve personal items stored there and to visit with her
son, and both testified that in early July 1997 she removed her
personal property from the Louisville residence.
Respondent disputes petitioner’s claim that his spouse moved
from the Louisville residence in April. Respondent points to the
petition, filed November 16, 1998, in which petitioner alleges
that his spouse “moved * * * in July 1997.” Respondent further
relies upon petitioner’s July 1998 letter to the examining agent
in which petitioner states “my spouse moved into her mom’s home
in July 1997". The line of questions put to petitioner during
his cross-examination strongly suggests that, as far as
respondent is concerned, petitioner’s claim that his wife moved
in April was concocted after petitioner realized that a
separation that began in July 1997 would be too late to allow him
to be considered as not married under section 7703(b) as of the
close of that year.
Respondent’s suggestion is well taken, but not persuasive.
Given petitioner’s plausible explanation of the references to
July 1997, we are inclined to accept his version of the relevant
events, as corroborated by his spouse, and find that she moved
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