Ludivina Madrigal - Page 4

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            her some money.  Mr. Madrigal used the Beckham street address on                            
            his 1993 and 1994 Federal income tax returns.                                               
                  Petitioner used head of household filing status on her                                
            Federal income tax returns for the 1993 and 1994 tax years.                                 
            Respondent determined that petitioner's proper filing status for                            
            1993 and 1994 was married filing separate because petitioner did                            
            not satisfy the statutory requirements necessary for a married                              
            taxpayer to file as head of household.  Respondent adjusted                                 
            petitioner's standard deduction because of the change in                                    
            petitioner's filing status.  Respondent further disallowed                                  
            petitioner's earned income credit for the 1993 and 1994 tax years                           
            because petitioner was married and did not file a joint return.                             
            1.    Head of Household Filing Status                                                       
                  In order to file a return as head of household, a taxpayer                            
            may not be married at the close of the taxable year.  Sec. 2(b).                            
            However, a married taxpayer may be treated as an unmarried                                  
            taxpayer for head of household filing purposes if the taxpayer                              
            complies with the statutory requirements of section 7703(b).                                
            Sec. 2(c).                                                                                  
                  Section 7703(b) provides that certain married taxpayers                               
            living apart will not be considered as married for head of                                  
            household filing purposes if:  (1) The taxpayer files a separate                            
            tax return; (2) the household is for more than one half of the                              
            taxable year the principal place of abode of the taxpayer's child                           





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