Russell A. Condello - Page 13

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          Mrs. Condello released her claim to the exemptions.                         
          Consequently, petitioner is not entitled to dependency exemptions           
          for his children in that year.                                              
          V.  Filing Status                                                           
               Petitioner argues that he is entitled to file as head of               
          household.  Respondent determined that petitioner should have               
          filed as married filing separately.  We agree with respondent.              
               A taxpayer may file as head of household only if the                   
          taxpayer is not married at the close of his taxable year and is             
          not a surviving spouse.  Sec. 2(b).  Section 2(c), however,                 
          allows a married taxpayer to be treated as "not married" if he is           
          so treated under section 7703(b).  To be treated as "not married"           
          requires, among other things, that a taxpayer maintain 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 the taxpayer is entitled to claim a dependency exemption            
          (or would be so entitled had the claim not been released pursuant           
          to section 152(e)(2)).  Sec. 7703(b).                                       
               As discussed above, petitioner is not entitled to claim a              
          dependency exemption for his children.  Therefore, petitioner               
          cannot file as head of household.                                           
          VI.  Addition to Tax                                                        
               Respondent determined that petitioner is liable for an                 
          addition to tax under section 6651(a)(1).  Section 6651(a)(1)               
          imposes an addition to tax for failure to file a return on the              



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