Katherine Jean Harkless - Page 3




                                        - 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