Katherine Jean Harkless - Page 2




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               Respondent determined deficiencies in petitioner's Federal              
          income taxes for 1995 and 1996 in the amounts of $1,318 and                  
          $1,743, respectively.                                                        
               The issues for decision are:  (1) Whether petitioner is                 
          entitled to claim head of household filing status for the taxable            
          years in issue, and (2) whether petitioner is entitled to earned             
          income credits for the taxable years in issue.                               
               Some of the facts have been stipulated and are so found.                
          The stipulations of fact and attached exhibits are incorporated              
          herein by this reference.  Petitioner resided in Evans, Colorado,            
          on the date the petition was filed in this case.                             
               Petitioner was married to Tristrim Robert Harkless on                   
          January 13, 1984.  She was still married to Mr. Harkless and                 
          resided with him and their daughter, Brook Harkless, at their                
          home in Evans, Colorado, during her entire 1995 and 1996 taxable             
          years.                                                                       
               The first issue for decision is whether petitioner is                   
          entitled to claim head of household filing status for the taxable            
          years in issue.  Section 2(b)(1) provides that "an individual                
          shall be considered a head of a household if, and only if, such              
          individual is not married at the close of his taxable year".                 
          Petitioner was married and resided with Mr. Harkless during her              
          entire 1995 and 1996 taxable years.  They were not legally                   
          separated under a decree of divorce or of separate maintenance at            
          any time.  Therefore, she is not treated as not married under                




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