- 8 - 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 taxablePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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