- 2 - Held: For purposes of sec. 86(c)(1)(C)(ii), I.R.C., “live apart” means living in separate residences. P and his wife lived in the same residence at least 30 days during the taxable year in issue. Accordingly, P did not live apart from his spouse at all times during the taxable year, and P’s “base amount” pursuant to sec. 86(c)(1), I.R.C., is zero. Held, further, sec. 86, I.R.C., is not unconstitutional. Thomas William McAdams, pro se. Kay Hill, for respondent. VASQUEZ, Judge: Respondent determined a deficiency of $1,106 in petitioner’s Federal income tax for 1998. After concessions,1 the issues for decision are: (1) Whether petitioner did not “live apart” from his spouse at all times during 1998, and (2) whether section 862 is unconstitutional. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. At the time he filed the petition, petitioner resided in Ninilchik, Alaska. As of the time of trial, petitioner was 74 years old and retired from the U.S. military. Petitioner has a bachelor’s 1 Petitioner concedes that his correct amount of interest income for 1998 was $530 and not $478.64 as reported on his 1998 Federal individual income tax return. 2 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011