Gabriel M. Daya, et al. - Page 35




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          Head of Household Filing Status                                             
               As relevant to petitioners’ cases, section 2(b) defines a              
          head of household as an individual taxpayer who is not married at           
          the close of the taxable year, and who maintains a household which          
          constitutes for such taxable year the principal place of abode of           
          the father or mother of the taxpayer if the taxpayer is entitled            
          to a deduction for the taxable year for his father or mother under          
          section 151.  An individual is considered to maintain a household           
          only if he furnishes over half the cost of maintaining the                  
          household during the taxable year.  See sec. 2(b).  Expenditures            
          considered for purposes of claiming head of household filing                
          status are different in certain respects from those considered for          
          purposes of the dependency exemption support test.  See Teeling v.          
          Commissioner, 42 T.C. 671, 682-684 (1964); sec. 1.152-1(a)(2)(i)            
          and 1.2-2(d), Income Tax Regs.  The cost of maintaining a                   
          household consists of the “expenses incurred for the mutual                 
          benefit of the occupants thereof by reason of its operation as the          
          principal place of abode of such occupants”.  Sec. 1.2-2(d),                
          Income Tax Regs.  Such expenses include “property taxes, mortgage           
          interest, rent, utility charges, upkeep and repairs, property               
          insurance, and food consumed on the premises.”  Id.                         
               Respondent maintains that Gabriel does not qualify for head            
          of household filing status in 1995 or 1996 because he is not                
          entitled to claim his father as a dependent in either year and he           






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