- 4 - 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 childPage: Previous 1 2 3 4 5 6 7 8 Next
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