Randall Albert Fritscher - Page 6




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               As previously stated, the Duval County court granted                   
          temporary custody of Kimberly and Michelle to petitioner in                 
          September 1997.  At that time, the children moved into                      
          petitioner’s home in Keystone Heights, Florida, and resided with            
          their father throughout the balance of the year.                            
               E. Petitioner’s 1997 Tax Return                                        
               On his income tax return, Form 1040, for 1997, petitioner              
          claimed head-of-household filing status.  Petitioner also claimed           
          dependency exemptions for Kimberly and Michelle, and he                     
          identified his daughters as qualifying children for purposes of             
          the earned income credit.                                                   
               F. The Notice of Deficiency                                            
               Upon audit, respondent determined a deficiency in                      
          petitioner’s income tax for 1997 in the amount of $2,673.  In               
          determining the deficiency, respondent: (1) Adjusted petitioner’s           
          filing status from head of household to single; (2) disallowed              
          the dependency exemptions for Kimberly and Michelle; and (3)                
          disallowed the earned income credit.                                        







          3(...continued)                                                             
          statement for Kimberly, discloses petitioner’s “business name and           
          address” as American Airlines, Dallas, TX.  The statement is                
          dated May 14, 1997.                                                         





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