James E. Briggsdaniels - Page 2




                                        - 2 -                                         
               The issues for decision are:  (1) Whether petitioner is                
          entitled to head of household filing status;1 (2) whether                   
          petitioner is entitled to deductions for dependency exemptions;             
          and (3) whether petitioner is entitled to an earned income                  
          credit.                                                                     
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by reference.  Unless otherwise indicated,              
          all section references are to the Internal Revenue Code in effect           
          for the years at issue.                                                     
                                  FINDINGS OF FACT                                    
               Petitioner resided in San Jose, California, at the time the            
          petition in this case was filed.                                            
               Petitioner, James E. Briggsdaniels, is also known as James             
          E. Briggs and James E. Daniels.  Petitioner has never been                  
          married.  He has three sons by Charlene Riley:  (1) James E.                
          Daniels, Jr., born May 17, 1979; (2) Jamar E. Daniels, born                 
          December 30, 1980; and (3) Jeremy E. Daniels, born May 15, 1982.            
               James E. Daniels, Jr., was in juvenile custody in Santa                
          Clara County (County), California, from February 25 to May 21,              
          1995, from June 21 through September 24, 1995, and from March 23            
          through July 3, 1996.  Jeremy E. Daniels was in juvenile custody            


               1Our resolution of the issue of petitioner's filing status             
          will determine the correct computation of his standard deduction            
          for the years at issue.                                                     




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