Samuel K. Rasco - Page 5




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               Total contributions to the support of petitioner,                      
               Ms. Froemel, Amber, and Joshua during 1995 in the                      
               amount of $21,913:                                                     
               Petitioner                                                             
               Wages                         $13,957                                  
               Unemployment                  705                                      
               Income tax                    (1,030)                                  
               Social Security taxes          (1,073)                                 
               1994 Refund                   3,054                                    
               Total                          15,613                                  
               Ms. Froemel, Amber, & Joshua                                           
               Welfare             $4,800  (12 x 400/month)                           
               Food stamps         1,500  (12 x 125/month)                            
               Total                6,300                                             
               Total support per individual:  $5,478 (21,913 � 4)                     
                         Total  Petitioner   Ms. Froemel  Amber  Joshua               
               Total      $21,913   $5,478       $5,478    $5,478  $5,478             
               Welfare -                                                              
               stamps*    6,300      0          2,100     2,100   2,100               
               Petitioner  15,613    5,478        3,378     3,378   3,378             
               *Assume welfare/food stamps are allocated equally to                   
               Ms. Froemel, Amber, and Joshua - no evidence in record                 
               of allocation.                                                         
               Petitioner provided 62% of Ms. Froemel's, Amber's, and                 
               Joshua's support ($3,378/$5,478).                                      
               We hold that petitioner is entitled to dependency exemption            
          deductions for 1995 for Ms. Froemel, Joshua, and Amber.                     
               The second issue for decision is whether petitioner is                 
          entitled to head of household filing status.  Petitioner claimed            
          head of household filing status on his 1995 return.  In the                 
          statutory notice of deficiency, respondent disallowed the claimed           
          filing status.                                                              





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