Keith Chiosie - Page 2




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               The issues for decision are as follows:                                
               (1) Whether petitioner’s proper filing status is head of               
          household, as petitioner contends, or married filing separately,            
          as respondent determined.                                                   
               (2) Whether petitioner is entitled to the earned income                
          credit as claimed on his income tax return for the year in issue.           
               (3) Whether petitioner is liable for the accuracy-related              
          penalty under section 6662(a) for negligence or intentional                 
          disregard of rules or regulations.                                          
               The resolution of the first two issues turns on whether                
          petitioner, a married individual, should not be considered as               
          married pursuant to the provisions of section 7703(b).                      

                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and they are so                
          found.  Petitioner resided in Monroe, New York, at the time                 
          that his petition was filed with the Court.                                 
               Throughout 1997, petitioner was married to Mary Chiosie                
          (Mrs. Chiosie), although the couple was emotionally estranged.              
          Nevertheless, petitioner and Mrs. Chiosie both resided in the               
          same single-family residence located in Monroe, New York (the               
          Monroe residence).                                                          



          1(...continued)                                                             
          are to the Tax Court Rules of Practice and Procedure.                       




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