Opinion

Washington v. Commissioner

  • 77 T.C. 601
  • 1981 U.S. Tax Ct. LEXIS 60
Court
United States Tax Court
Filed
Sep 17, 1981
Status
Published
Author
Ekman
On the bench
Dawson,Caldwell,Fay,Nims,Sterrett,Nims,Ekman,Tannenwald,Irwin,Nims
Cited by
12 cases
Authority
More cited than 10.4%

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

How later courts described this case

  • 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
  • a Court-reviewed decision, disagreeing with the U.S. Court of Appeals for the Eighth Circuit's holding inSydnes v. Commissioner, 577 F.2d 60 (8th Cir. 1978), revg. 68 T.C. 170 (1977), that taxpayers could be treated as separated when both are living under the same roof

Written by the judges who cited it.

The opinion

Ekman, J., dissenting: I respectfully dissent. Although it is undisputed that the parties were living separately and had no "physical, emotional, or social contact,” the majority resolutely adheres to the position that we may not under any circumstances make an examination of the facts so long as the parties occupy the same residence. I find this position totally unsupported by the legislative history and expressly rejected by the Eighth Circuit in Sydnes v. Commissioner, 68 T.C. 170 (1977), revd. on this issue 577 F.2d 60 (8th Cir. 1978). Moreover, we should recognize that in today’s society, economic conditions often make it impracticable for divorcing spouses to maintain separate residences.

The majority’s view is reminiscent of the aura of judicial disapproval expressed nearly a half century ago in the much cited case of Holt v. Holt, 77 F.2d 538, 540 (D.C. Cir. 1935). I submit that the inflexible rule adopted by the majority is erroneous and that we should follow the rational approach of the Eighth Circuit in Sydnes.

Tannenwald, Irwin, Wilbur, and Nims, JJ., agree with this dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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