- 15 - constitute interest on some obligation owed to her. On the basis of the evidence presented by the parties, we conclude that the payments in issue constitute alimony, and petitioner is entitled to deduct them. The third issue for decision is whether petitioner qualifies for head of household filing status as defined in section 2(b). Respondent determined that petitioner was not entitled to head of household filing status as claimed on his 1990 Federal income tax return. Section 2(b) defines "head of a household" as an unmarried individual who maintains as his home a household which is the principal place of abode of his child or any other person for whom the taxpayer is entitled to a dependency exemption. Section 1.2-2(c)(1), Income Tax Regs., provides as follows: (c) Household. (1) In order for a taxpayer to be considered as maintaining a household by reason of any individual described in paragraph (a)(1) or (b)(3) of this section * * * Such home must also constitute the principal place of abode of at least one of the persons specified in such paragraph (a)(1) or (b)(3) of this section. * * * The taxpayer and such other person must occupy the household for the entire taxable year of the taxpayer. * * * The taxpayer and such other person will be considered as occupying the household for such entire taxable year notwithstanding temporary absences from the household due to special circum- stances. A nonpermanent failure to occupy the common abode by reason of illness, education * * * shall be considered temporary absence due to special circum- stances. Such absence will not prevent the taxpayer from being considered as maintaining a household if (i) it is reasonable to assume that the taxpayer or such other person will return to the household, and (ii) the taxpayer continues to maintain such household or a substantially equivalent household in anticipation of such return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011