Gabriel M. Daya, et al. - Page 36




                                        - 36 -                                        
          did not maintain a household in either year.  Having concluded              
          Gabriel is not entitled to dependency exemptions for his father             
          under section 151 in 1995 or 1996, we hold that Gabriel is not              
          entitled to head of household filing status in either year.                 
               With respect to Morhaf, respondent concedes that he provided           
          more than one-half of the support in 1995 for his mother within             
          the meaning of section 1.152-1(a)(2)(i), Income Tax Regs., and as           
          such is entitled to a dependency exemption deduction for her.               
          Respondent, however, maintains that Morhaf is not entitled to head          
          of household filing status in 1995 because he has not established           
          that he paid more than half of the expenses of maintaining a                
          household for his mother.                                                   
               To determine whether Morhaf maintained a household for Laila           
          in 1995, we first must decide what constituted Laila’s household.           
          Petitioners argue that there were two separate households within            
          the Foster City residence during 1995 and 1996:  One consisting of          
          Gabriel and Mahmoud and one consisting of Morhaf and Laila.19               
          Although respondent agrees that it is possible for two separate             
          households to exist under one roof, respondent argues that the              
          members of the Mahmoud Daya family were all part of one household           
          in 1995 and 1996.                                                           



               19 Although Mayar resided at the Foster City residence                 
          during 1995 and 1996, petitioners have not indicated of which               
          household he was a member.                                                  





Page:  Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  Next

Last modified: May 25, 2011