Ricky R. Williams - Page 5




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               Petitioner filed his timely 1997 Federal income tax return             
          as a head of household.  He claimed an earned income credit on              
          that return.  Petitioner filed an amended return on April 29,               
          1998, but because of agreements between the parties, nothing                
          reported on the amended return is relevant here.                            
               In a July 19, 1998, letter written by petitioner to                    
          respondent’s examining agent during the course of the examination           
          that preceded this case, petitioner stated: “my spouse moved into           
          her mom’s home in July 1997".                                               
               In the notice of deficiency, respondent determined that                
          petitioner did not qualify as a head of household for 1997 and              
          treated petitioner as a married individual who files a separate             
          return.  Respondent further determined that he was not entitled             
          to an earned income credit for that year.  According to the                 
          explanation contained in the notice of deficiency, both                     
          determinations were made because petitioner “did not establish              
          that * * * [he met] the qualifications of certain married                   
          individuals living apart”.                                                  
          Discussion                                                                  
               Subject to a variety of conditions, requirements and                   
          limitations that need not be discussed, petitioner qualifies as a           
          head of household and is entitled to an earned income credit for            
          1997 only if he is considered as not married as of the close of             
          that year.  See secs. 2(b)(1), 32(d).                                       






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