- -13 Under section 7703,4 certain married individuals living apart are considered to be unmarried for the purpose of determining their eligibility to file as "head of household" under section 2(c). Petitioner argues that he is entitled to "head of household" status due to the support he provided to his mother during 1990 and 1991. Petitioner testified at trial that he was married during 1990 and 1991. However, he argues that since his wife was declared incompetent by a State court during those years, he was entitled to "head of household" status for the care of his mother. Even if petitioner had offered 4 SEC. 7703. DETERMINATION OF MARITAL STATUS. * * * * * * * (b) Certain Married Individuals Living Apart.--For purposes of those provisions of this title which refer to this subsection, if-- (1) an individual who is married (within the meaning of subsection (a)) and who files a separate return maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a child * * * with respect to whom such individual is entitled to a deduction for the taxable year under section 151 (or would be so entitled but for paragraph (2) or (4) of section 152(e)), (2) such individual furnishes over one-half of the cost of maintaining such household during the taxable year, and (3) during the last 6 months of the taxable year, such individual's spouse is not a member of such household, such individual shall not be considered as married.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011