Question juridique clé
Whether the income of a spouse living abroad may be included in the rate-determining income for direct federal tax.
Solution extraite
Yes, because the spouses were not shown to be legally or фактически separated in the tax sense; the marital community remained intact.
Motifs extraits
Separate taxation requires a true marital separation: separate residences plus dissolution of the marital community and no shared means beyond defined maintenance payments. Here the wife’s foreign residence resulted from family circumstances, not from abandonment of the marital community.