Ludivina Madrigal - Page 6

                                                - 6 -                                                   

            lived at the Seabreeze Street house, she testified that Mr.                                 
            Madrigal had difficulty paying rent of even $200 a month and was                            
            frequently without work.                                                                    
                  Mr. Madrigal testified that he paid his aunt $200 every                               
            month in cash for room and board even though he reported a yearly                           
            income of only $1,800 on his 1994 Federal income tax return.                                
            Further, Mr. Madrigal testified that his 1994 Federal income tax                            
            return was inaccurate and that he earned more than $5,000 for the                           
            1994 tax year.  Mr. Madrigal did not have receipts for the rent                             
            he paid.                                                                                    
                  We find the testimony in this case to be confusing at best.                           
            Furthermore, we do not find the lease to be credible evidence                               
            that Mr. Madrigal lived with his aunt at the house on Seabreeze                             
            Street.  Neither petitioner nor Mr. Madrigal could remember who                             
            prepared the lease, and both gave conflicting testimony as to                               
            rent amounts actually paid.  Absent proof that she and Mr.                                  
            Madrigal lived apart for the last 6 months of either tax year,                              
            petitioner is unable to show her entitlement to claim head of                               
            household status for filing purposes.                                                       
                  Additionally, petitioner has not shown that she provided                              
            more than half the cost of maintaining her household for the 1993                           
            and 1994 tax years as required by section 7703(b)(2).  Petitioner                           
            received food stamps for the 1993 and 1994 tax years.  Mr.                                  
            Madrigal also provided support for the children when he was                                 





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011