Charles W. Newsom - Page 7




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          his household.  Hence, for the purposes of section 7703(b) and              
          section 2, we will treat petitioner as married during the tax               
          year of 1997.                                                               
               Accordingly, we hold that petitioner is not entitled to                
          claim head of household filing status for taxable year 1997.                
          Earned Income Credit                                                        
               The remaining issue for decision is whether petitioner is              
          entitled to an earned income credit for the taxable year in                 
          issue. Section 32(d) provides that an individual who is married,            
          within the meaning of section 7703, must file a joint return with           
          his spouse for the taxable year in order for section 32 to apply.           
               Petitioner has conceded that he and Longina Newsom were                
          legally married during the year at issue.  Petitioner also does             
          not meet the requirements of section 7703(b), which treats                  
          certain individuals living apart as not married.  Thus, we hold             
          that petitioner is not entitled to an earned income credit for              
          the 1997 tax year because he did not file a joint return with               
          Longina Newsom.                                                             
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               










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