Thomas William McAdams - Page 8




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               We concluded that, for purposes of section 152(e), the                 
          taxpayer and his wife were not “living apart” because they lived            
          under the same roof.  Dawkins v. Commissioner, T.C. Memo. 1991-             
          225.  In determining what “living apart” meant, we referred to              
          several cases that considered what living apart meant in the                
          context of alimony payments and being separated (sections 71 and            
          215).  Id.  In those cases, courts held that “living apart” meant           
          living in separate residences.  Lyddan v. United States, 721 F.2d           
          873, 876 (2d Cir. 1983); Washington v. Commissioner, 77 T.C. 601,           
          605 (1981) (a Court-reviewed decision, disagreeing with the U.S.            
          Court of Appeals for the Eighth Circuit’s holding in Sydnes v.              
          Commissioner, 577 F.2d 60 (8th Cir. 1978), revg. 67 T.C. 170                
          (1977), that taxpayers could be treated as separated when both              
          are living under the same roof); Coltman v. Commissioner, T.C.              
          Memo. 1991-127, affd. 980 F.2d 1134 (7th Cir. 1992).                        
               Additionally, we have explored the concept of living apart             
          as it related to sections 2 and 7703.  As it relates to these               
          sections, we held that living apart required geographical                   
          separation and living in separate residences.  Chiosie v.                   
          Commissioner, T.C. Memo. 2000-117; Hopkins v. Commissioner, T.C.            
          Memo. 1992-326.                                                             
               Furthermore, prior to amendment by section 121 of the Tax              
          Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2109, section 85(b)           
          defined a “base amount” for purposes of computing the taxable               






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