Kimberly A. Pilgram, a.k.a. Kimberly A. Coffiey - Page 9




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          his abode after the completion of his sea duty, and he did in               
          fact do just that.8                                                         
               Based on the foregoing, we hold that petitioner was married            
          as of the close of 1998 and that, as a consequence, she is not              
          entitled to either a credit for child care expenses or the earned           
          income credit.  Secs. 21(e)(2), 32(d); Chiosie v. Commissioner,             
          T.C. Memo. 2000-117; Casey v. Commissioner, T.C. Memo. 1988-170,            
          affd. without published opinion 876 F.2d 899 (11th Cir. 1989).              
               B. Filing Status                                                       
               Respondent, in determining the deficiency in issue, adjusted           
          petitioner’s filing status, disallowed the credit for child care            
          expenses, and disallowed the earned income credit.  Given the               
          fact that the sum of (1) the credit claimed by petitioner for               
          child care expenses and (2) the earned income credit claimed by             
          her equals $2,761 (i.e., $596 + $2,165) and that such sum equals            


          8 The paradigm for the “deemed single” rule of sec. 7703(b)                 
          is the taxpayer who has been deserted or abandoned by her spouse            
          and is therefore no longer part of a functioning marital unit.              
          The limitation on the literal application of sec. 7703(b) that is           
          found in sec. 1.7703-1(b)(5), Income Tax Regs., contemplates a              
          marital unit that remains intact, notwithstanding the temporary             
          absence of one spouse from the household due to special                     
          circumstances, such as military service.                                    
               Insofar as sec. 21 is concerned, the analog to sec. 7703(b)            
          is found in sec. 21(e)(4), and the analog to sec. 1.7703-1(b)(5),           
          Income Tax Regs., is found in the legislative history of sec.               
          44A, the predecessor of sec. 21.  See H. Rept. 94-658, at 146-149           
          (1975), 1976-3 C.B. (Vol. 2) 695, 838-841; S. Rept. 94-938, at              
          132-135 (1976), 1976-3 C.B. (Vol. 3) 49, 170-173; Staff of Joint            
          Comm. on Taxation, General Explanation of the Tax Reform Act of             
          1976, 1976-3 C.B. (Vol. 2) 135-139.                                         





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