Questão jurídica principal
Whether the taxpayers were entitled to separate taxation for tax period 2015 because of factual separation.
Decisão extraída
No. Although they lived in separate residences, they continued to manage housing and support funds jointly, so no factual separation relevant for tax purposes was proven.
Fundamentação extraída
Separate taxation requires not only spatial separation but also the cessation of the shared use of means. The burden of proving a legally or factually separated marriage rests on the party invoking it; the documents did not show that the spouses had stopped pooling resources for housing and maintenance.