- 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
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