David E. Jackson - Page 5

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                  In order to qualify for head of household filing status,                                
            petitioner must satisfy the requirements of section 2(b).                                     
            Section 2(b)(1)(A)(i) in pertinent part provides, that a taxpayer                             
            who is not married at the close of the taxable year can qualify                               
            for head of household filing status by maintaining as his home a                              
            household which is, for more than half of the taxable year, the                               
            principal place of abode of a child or other qualifying relative.                             
            For this purpose, a taxpayer is considered to maintain a                                      
            household only when: (1) The household constitutes the home of                                
            the taxpayer for the taxpayer's taxable year; and (2) the                                     
            taxpayer pays over half of the cost of running the household.                                 
            Sec. 2(b)(1); sec. 1.2-2(d), Income Tax Regs.  Section 1.2-2(d),                              
            Income Tax Regs., further provides:                                                           
                  The cost of maintaining a household shall be the                                        
                  expenses incurred for the mutual benefit of the                                         
                  occupants thereof by reason of its operation as the                                     
                  principal place of abode of such occupants for such                                     
                  taxable year.  The cost of maintaining a household                                      
                  shall not include expenses otherwise incurred.  The                                     
                  expenses of maintaining a household include property                                    
                  taxes, mortgage interest, rent, utility charges, upkeep                                 
                  and repairs, property insurance and food consumed on                                    
                  the premises.  Such expenses do not include the cost of                                 
                  clothing, education, medical treatment, vacations, life                                 
                  insurance, and transportation. * * *                                                    
                  Petitioner's position is that the room he maintains in Ms.                              
            Cleckley's two-bedroom apartment constitutes a household.                                     
            Petitioner cited no authority for his position.  Petitioner                                   
            testified that he rented one room in the two-bedroom apartment                                
            for himself and Fatimah for $175 a month.  Petitioner testified                               





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