Kerry L. Brignac - Page 4




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          that Derrell and Travis resided with him for the majority of                
          either of those years.  Moreover, petitioner testified that he              
          did not even claim to know whether his sons spent the majority of           
          either of the years at issue with him or with their mother.                 
          Based upon this record, we find that petitioner has failed to               
          demonstrate that he had physical custody of the children for the            
          greater portion of either of the years in issue.  Moreover,                 
          petitioner has not provided evidence that Ms. Baker released her            
          claim to the exemptions for Derrell and Travis.  On the contrary,           
          the record indicates that Ms. Baker claimed the exemptions for              
          Derrell and Travis on her tax returns for 1995 and 1996.                    
          Therefore, we hold that petitioner is not entitled to dependency            
          exemptions for Derrell and Travis for the years 1995 and 1996.              
          2.  Head of Household Filing Status                                         
               Petitioner claimed head of household filing status on his              
          1995 and 1996 Federal income tax returns and listed his sons as             
          qualifying persons.  Respondent has determined that petitioner's            
          proper filing status for 1995 and 1996 is single.  Section 2(b)             
          provides that a taxpayer may be considered a head of household if           
          the taxpayer is not married at the close of the taxable year and            
          maintains as his or her home a household that constitutes the               
          principal place of abode for more than half of the taxable year             
          for a child of the taxpayer.  See sec. 2(b)(1)(A)(i).                       
               As we discussed above, petitioner failed to demonstrate that           
          Derrell and Travis resided in his home for the greater portion of           
          either of the years in issue.  Accordingly, we hold that                    



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