Charles Vernon Roberts - Page 17

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          married at the end of 1983, and has not alleged or shown that he            
          was living apart from his wife during that year, he does not                
          qualify as the head of household for income tax purposes.                   
          Therefore, the only filing status applicable to petitioner is               
          that of a married individual filing a separate return.  Secs.               
          1(d), 2(b), 6013(a).                                                        
          Dependency Exemption Deduction                                              
               Respondent determined that petitioner was entitled to one              
          exemption amount for himself during 1983.  However, petitioner              
          contends that he is also entitled to an additional exemption for            
          his daughter, Nicole.  Respondent conceded at trial that Nicole             
          resided with petitioner during 1983.                                        
               Section 151(e) provides that a taxpayer is entitled to an              
          additional exemption for each dependent who (1) has gross income            
          less than the exemption amount or (2) is a child of the taxpayer            
          who is (a) either under 19 years of age or (b) a student.                   
          Section 152(a) provides that a dependent includes a child of the            
          taxpayer who receives over half of his or her support from the              
          taxpayer.  During 1983, Nicole was 13 years of age, resided with            
          petitioner and Mrs. Roberts, and was unemployed.  However,                  
          petitioner failed to prove that he provided over one half of                
          Nicole's support during the year at issue.  Because California is           
          a community property State, one half of the income earned by                







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