Level 11
03-18-2023
04:07 PM
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"You and your spouse lived apart all year." ' Taxpayer did not live with spouse at any time during year"
I'm looking for an IRS cite or caselaw. defining "living with" or "living apart"
I have 2 similar situations. Retired seniors; 2nd marriages; in one case 2 condo units in the same building (different floors); in another separate free standing residences next door or down the block from each other. The couples legitimately maintain and live in their respective residences separately. But they do spend, a lot of time together, etc.
In each case MFS will result in lower taxes.
If at first you don’t succeed…..find a workaround
Best Answer Click here
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