Elpidio Lozoya - Page 6

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          not living under the same roof with them, nor was she absent only           
          temporarily “due to special circumstances.”  Although she would             
          visit the children occasionally, she was simply not a member of             
          their household during the last 6 months of the year.                       
               The Commissioner disbelieved Lozoya because it was only at             
          trial that he produced his son to testify about when his wife               
          left.  This doubt is understandable--most people would try to               
          provide what information they could to the IRS as soon as                   
          possible to avoid a trial.  But Lozoya explained that he had                
          numerous phone calls with several IRS employees about at least              
          three different tax years.  Not all the employees seemed to know            
          about the information he had sent in for which years on which               
          contested items; and the fact that Lozoya's native language isn’t           
          English is probably a further reason why this case ended up being           
          tried with only testimonial proof on either side of this issue.             
               Based on a preponderance of that evidence, we find that                
          Lozoya qualifies to be treated as unmarried for 2001.  This means           
          that he meets one requirement for filing as head of household.              
          Another requirement for that status is that he provide a home for           
          at least one child.  The record shows that he provided a home to            
          both his children, and they are both “qualifying children.”  Sec.           
          2(b)(1)(A).  Lozoya can thus claim head-of-household filing                 
          status for 2001.                                                            
               Since Lozoya qualifies for that filing status, it follows              






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