Jeffrey R. King and Sabrina M. King - Page 10

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          235, 242 (1989); Ewing v. Commissioner, supra at 503.  If the               
          statute is silent or ambiguous, then we may look to the                     
          legislative history to determine congressional intent.                      
          Burlington N. R.R. v. Okla. Tax Commn., 481 U.S. 454, 461 (1987);           
          Fernandez v. Commissioner, 114 T.C. 324, 329-330 (2000).  The               
          legislative history of a statute is secondary when we can apply             
          the plain meaning of unambiguous text; however, unequivocal                 
          evidence of clear legislative intent may sometimes override a               
          plain meaning interpretation and lead to a different result.                
          Allen v. Commissioner, 118 T.C. 1, 17 (2002) (and cases cited               
          thereat); Nordtvedt v. Commissioner, 116 T.C. 165, 169 (2001),              
          affd. without published opinion 22 Fed. Appx. 790 (9th Cir.                 
          2001).                                                                      
               Section 152(e)(1) provides that the special support test               
          applies to “parents” in three different situations.  The statute            
          specifically provides that the test applies not only to divorced            
          and certain separated parents, but to parents “who live apart at            
          all times during the last 6 months of the calendar year”.  There            
          is no requirement in the statute that parents have married each             
          other before the special support test can apply.  Section                   
          152(e)(1) applies to any parents, regardless of marital status,             
          as long as they lived apart at all times for at least the last 6            
          months of the calendar year.                                                
               Respondent contends that the legislative history of section            
          152(e) supports the interpretation that section 152(e)(1)(A)(iii)           




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