- 5 - wife, and occasionally visited his wife, does not establish that petitioner and his spouse were “living apart”. In McAdams v. Commissioner, supra at 378, the Court noted: “Petitioner also argues that he merely ‘visited’ his wife and did not live with her. In Costa v. Commissioner, * * * [T.C. Memo. 1990-572], we concluded that intermittent visits * * * [sufficed to establish that the spouses] did not live apart.” The Court also cited section 1.85-1(b)(4), Income Tax Regs., relating to employment compensation, which states: A taxpayer does not “live apart” from his or her spouse at all times during a taxable year if for any period during the taxable year the taxpayer is a member of the same household as such taxpayer’s spouse. A taxpayer is a member of a household for any period, including temporary absences due to special circumstances, during which the household is the taxpayer’s place of abode. A temporary absence due to special circumstances includes a nonpermanent absence caused by illness, education, business, vacation, or military service. The Court concludes that petitioner in this case did not live separate and apart from his wife during the year at issue. Therefore, $9,604 of the Social Security benefits paid to him that year constituted gross income. Respondent is sustained on this issue.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011