Brandt N. Castleton - Page 20

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         qualifying child as any individual if:                                       
                   (A) the taxpayer is allowed a deduction under                      
              section 151 with respect to such individual for the                     
              taxable year,                                                           
                   (B) such individual has not attained age 17 as of                  
              the close of the calendar year in which the taxable year                
              of the taxpayer begins, and                                             
                   (C) such individual bears a relationship to the                    
              taxpayer described in section 32(c)(3)(B).[12]                          
              Respondent has conceded that petitioner is entitled to                  
         deductions under section 151 for both 1998 and 1999 with respect             
         to each of petitioner’s daughters--Shenara, Keturah, and Adara               
         Castleton.  Additionally, none of the girls had attained age 17 by           
         the close of 1998 or 1999.  It follows, therefore, that petitioner           
         is entitled to the child tax credit for Shenara, Keturah, and                
         Adara under section 24(a) for 1998 and 1999, and we so hold.                 
              4.   Head of Household Filing Status                                    
              Under section 2(b)(1), a taxpayer is allowed to file as head            
         of household if the taxpayer is not married at the close of his              
         taxable year, is not a surviving spouse, and maintains as his home           
         “a household which constitutes for more than one-half of such                
         taxable year the principal place of abode” for certain enumerated            
         individuals, including a son and daughter.  Petitioner provided no           


               12An individual bears a relationship to the taxpayer                   
          described in sec. 32(c)(3)(B) if such individual is the son or              
          daughter of the taxpayer, or a descendant of either, a stepson or           
          stepdaughter of the taxpayer, or an eligible foster child of the            
          taxpayer.                                                                   




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