- 35 - 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 hePage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011