- 8 - The divorce decree in the proceeding between petitioner and his former spouse did not award custody to petitioner and was silent as to whether he was entitled to the exemption otherwise allowable under section 151. There is no evidence that petitioner's former wife released her claim to exemptions for the children, and there is no evidence as to the amounts for support of the children provided by petitioner's former wife. Thus, petitioner has failed to prove that he furnished more than one-half the support for any of the children. Because petitioner has not shown that he qualifies under section 152(a) or (e), supra, he is not entitled to claim the children as dependents during the years in issue. Petitioner failed to prove that he maintained as his home a household that constituted the principal abode of any of his children for more than one-half of 1993. Thus, he does not qualify as a head of a household under section 2(b)(1)(A)(i). Respondent, therefore, correctly used rates applicable to single taxpayers in computing petitioner's tax liability for that year. Section 6662(a) imposes a 20-percent addition to tax on any portion of an underpayment that is attributable to negligence or disregard of rules and regulations. Sec. 6662(b)(2). Section 6662(c) defines negligence as including any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code. Section 6664(c)(1) provides:Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011