Joann S. Allen - Page 4




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          1991.  Mr. Allen has two children.  The older child graduated               
          college in 1996, and the younger child was in high school in                
          1996.  After Mr. Allen moved in with petitioner in 1996, Mr.                
          Allen’s daughter, son-in-law, and grandson moved into the                   
          household.                                                                  
               Petitioner reported wages of $14,412 and taxable pensions              
          and annuities of $1,180 for 1996.  Petitioner also received                 
          Social Security benefits of $2,177.  Petitioner’s three children            
          each received Social Security benefits of $4,246.30 in 1996.                
               Petitioner owned the residence where the family resided.               
          Mr. Allen did not contribute to the expenses of the household or            
          support of petitioner’s children, with the exception of paying              
          for groceries.  Mr. Allen did not care for petitioner’s children            
          as his own.                                                                 
               Mr. Allen earned wages of $48,897.12 in 1996.  Mr. Allen               
          paid child support to his former wife for his son.  Mr. Allen               
          also supported his daughter, son-in-law, and grandson.                      
          On her 1996 Federal income tax return, petitioner claimed                   
          the earned income credit under section 32.2  She also filed her             
          return claiming head-of-household filing status.                            
               On December 14, 1999, respondent mailed a notice of                    
          deficiency to petitioner for tax year 1996.  Respondent                     


               2    The record does not reflect which of her children were            
          claimed by petitioner as qualifying children.                               





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