EMERSON v. COMMISSIONER

Docket No. 14323.

7 T.C.M. 192 (1948)

Clifton E. Emerson v. Commissioner.

United States Tax Court.

Entered April 14, 1948.


Attorney(s) appearing for the Case

Maurice A. Broderick, Esq., for the petitioner. Leo C. Duersten, Esq., for the respondent.


Memorandum Opinion

VAN FOSSAN, Judge:

The Commissioner determined a deficiency of $328.81 in petitioner's income tax for the calendar year 1943. The basis of Commissioner's action was the finding that "for the years 1942 and 1943 you [petitioner] did not maintain a continuous residence with your wife and dependents. As such, in view of the fact that no sustaining evidence could be found that you were living with your wife on July 1, 1943 your claim for marital...

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