Timothy E. Butler - Page 2

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               Respondent determined deficiencies in petitioner's Federal             
          income taxes for the taxable years 1993 and 1994 in the amounts             
          of $4,084 and $2,561, respectively.  Respondent also determined             
          accuracy-related penalties under section 6662(a) for negligence             
          or intentional disregard of rules or regulations for the same               
          taxable years in the amounts of $816.80 and $512.20,                        
          respectively.                                                               
               After concessions by the parties,2 the issues for decision             
          are as follows:                                                             
               (1) Whether petitioner is entitled to dependency exemptions            
          for three individuals in 1993 and one individual in 1994.  We               
          hold that he is not.                                                        
               (2) Whether petitioner qualifies for head-of-household                 
          filing status in 1993 and 1994.  We hold that he does not.                  




          2  Petitioner concedes that he received unreported rental                   
          income in the amounts of $5,400 in 1993 and $2,025 in 1994; that            
          he received State income tax refunds in the amounts of $224 in              
          1993 and $414 in 1994; and that he paid mortgage interest and               
          real estate taxes in the respective amounts of $2,920 and $1,963            
          in 1994.                                                                    
               Respondent concedes that petitioner's State income tax                 
          refund received in 1994 is not taxable if petitioner did not                
          receive a tax benefit in respect of such tax (i.e., if                      
          petitioner's itemized deductions for 1993 do not exceed the                 
          standard deduction for 1993); that petitioner's mortgage interest           
          and real estate taxes should be allocated equally between                   
          Schedule A and Schedule E in 1994; and that petitioner is                   
          entitled to Schedule E deductions in 1994 for cleaning and                  
          maintenance in the amount of $600 and repairs in the amount of              
          $1,350.                                                                     




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