David E. Jackson - Page 6

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            that he could not use the telephone or kitchen without                                        
            permission.  Other than the $175 per month allegedly paid,                                    
            petitioner incurred no additional expenditures for utilities,                                 
            repairs or any other household expenses.  We find that the one                                
            room allegedly lived in by petitioner and Fatimah in the two-                                 
            bedroom apartment owned by Fatimah's mother, without use of a                                 
            kitchen or telephone, does not constitute a separate household.                               
                  Additionally, petitioner failed to prove that he paid $175 a                            
            month or, if paid, that it constituted more than half the cost of                             
            maintaining a household as his home.  Sec. 6001; sec. 1.6001-                                 
            1(a), Income Tax Regs.  Ms. Cleckley, Fatimah's mother, was the                               
            owner of the two-bedroom apartment.  Ms. Cleckley apparently paid                             
            all expenses of maintaining the household to which petitioner                                 
            allegedly contributed only $175 per month.                                                    
                  Based on the record, we find that petitioner has failed to                              
            satisfy his burden of proof.  Rule 142(a).  We are unconvinced                                
            that petitioner provided more than half of the cost of                                        
            maintaining a principal place of abode for his daughter.                                      
            Accordingly respondent is sustained on this issue.                                            
                  The second issue for decision is whether petitioner is                                  
            entitled to a credit for child and dependent care in the amount                               
            of $560.                                                                                      
                  On petitioner's 1992 Federal return, he claimed a credit                                
            under section 21 for child and dependent care expenses in the                                 
            amount of $560.  Pursuant to section 21(a)(1), petitioner is                                  




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