Thomas Glen Presley - Page 5

                                         -5-                                          
          case.  Sec. 152(e)(2)(B); see also sec. 1.152-4T, Q & A-3,                  
          Temporary Income Tax Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984).             
               Petitioner has not shown that he was the custodial parent of           
          his children under section 152(e)(1) or that he timely filed a              
          Form 8332.  It follows, therefore, that petitioner is not                   
          entitled to claim dependency exemption deductions for his                   
          children for the year 1992 because they are not his dependents as           
          that term is defined in section 152(a).                                     
          2.  Head of Household Filing Status                                         
               Respondent determined that petitioner is not entitled to               
          head of household filing status because he did not satisfy the              
          requirements necessary for a married taxpayer to claim such                 
          status.                                                                     
               One of the requirements to qualify for head of household               
          filing status is that an individual must not be married at the              
          close of the taxable year.  Sec. 2(b).  However, a married                  
          taxpayer can meet the "not married" requirement if he is treated            
          as not married under section 7703(b).  Sec. 2(c).                           
               Section 7703(b) provides that a married taxpayer living                
          apart from his spouse with a dependent child will not be                    
          considered as married if:  (1) He files a separate tax return;              
          (2) he pays more than half the cost of maintaining his household            
          for the tax year; (3) his spouse is not a member of the household           
          during the last six months of the tax year; and (4) the household           
          is for more than one-half of the taxable year the principal place           




Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011