- 3 - section 2(b)(2)(B) or section 2(c). Sec. 7703(b). Petitioner argues, however, that she should be treated as not married as of the close of each of the taxable years in issue under section 2(b)(2)(C) because Mr. Harkless declared himself a nonresident alien on August 26, 1993. We have reviewed Mr. Harkless' declaration. It consists primarily of common tax protester arguments which have been summarily rejected by this Court for many years. Despite his misguided views of his residency and citizenship, we find that Mr. Harkless was not a nonresident alien at any time during 1995 and 1996. We hold that petitioner may not be treated as not married under section 2(b)(2)(C) and is not entitled to head of household filing status for the taxable years in issue. We further hold that petitioner's filing status for the taxable years in issue is married filing separately. The second issue for decision is whether petitioner is entitled to earned income credits for the taxable years in issue. Section 32(d) provides that an individual who is married must file a joint return with her spouse for the taxable year in order for section 32 to apply. We hold that petitioner is not entitled to earned income credits for the taxable years in issue because she did not file joint returns with Mr. Harkless for such years. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3
Last modified: May 25, 2011