Rodger L. Smith - Page 7

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               Petitioner failed to prove he provided over half the costs             
          of maintaining the household where Sonya and Pierre Tolbert                 
          resided for the taxable year 1992.  We must find therefore that             
          petitioner did not maintain his household as their principal                
          place of abode and may not file as head of household.                       


               6(...continued)                                                        
               individual shall be considered a head of a household                   
               if, and only if, such individual is not married at the                 
               close of his taxable year, * * * and either--                          
                         (A) maintains as his home a household which                  
                    constitutes for more than one-half of such taxable                
                    year the principal place of abode, as a member of                 
                    such household, of--                                              
                              (i) a son, stepson, daughter, or                        
                         stepdaughter of the taxpayer, or a descendant                
                         of a son or daughter of the taxpayer, but if                 
                         such son, stepson, daughter, stepdaughter, or                
                         descendant is married at the close of the                    
                         taxpayer's taxable year, only if the taxpayer                
                         is entitled to a deduction for the taxable                   
                         year for such person under section 151 * * *,                
                         or                                                           
                              (ii) any other person who is a dependent                
                         of the taxpayer, if the taxpayer is entitled                 
                         to a deduction for the taxable year for such                 
                         person under section 151, or                                 
                         (B) maintains a household which constitutes                  
                    for such taxable year the principal place of abode                
                    of the father or mother of the taxpayer, if the                   
                    taxpayer is entitled to a deduction for the                       
                    taxable year for such father or mother under                      
                    section 151.                                                      
               For purposes of this paragraph, an individual shall be                 
               considered as maintaining a household only if over half                
               of the cost of maintaining the household during the                    
               taxable year is furnished by such individual.                          




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