- 7 - constitutes for more than one-half of the taxable year the principal place of abode of a child (within the meaning of section 151(c)(3)) with respect to whom such individual is entitled to a deduction for the taxable year under section 151 * * *, (2) such individual furnishes over one-half of the cost of maintaining such household during the taxable year, and (3) during the last 6 months of the taxable year, such individual's spouse is not a member of such household, such individual shall not be considered as married. There was no decree of divorce or separate maintenance. Petitioner admitted that she was legally married to her husband throughout 1993, and that they were not legally separated. We hold above that petitioner was not entitled to claim a dependency exemption deduction for Antonio. Thus, under section 7703(b), petitioner's marital status was married. Because petitioner was married and did not file a joint return for 1993, petitioner is not entitled to claim an earned income credit for Antonio. Respondent is sustained on this issue. To reflect the foregoing, Decision will be entered for respondent with regard to the deficiency, and for petitioner with regard to the accuracy-related penalty under section 6662(a).Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011