- 9 - OPINION Petitioner bears the burden of proof on all issues in this case. See Rule 142(a).3 A. Petitioner’s Filing Status for 1994 and 1995 Petitioner claimed head of household filing status for 1994 and 1995. An individual will qualify as a head of household if he or she is unmarried at the close of the taxable year and maintains as his or her home a household which is the principal place of abode for more than half of the taxable year of a child of the taxpayer. See sec. 2(b)(1). A married taxpayer qualifies as unmarried for head of household filing purposes if: (1) The taxpayer files a separate tax return; (2) the household is, for more than one-half of the taxable year, the principal place of abode of the taxpayer's child for whom the taxpayer would be entitled to claim a dependency exemption; (3) the taxpayer pays more than one-half of the cost of maintaining the household for the tax year; and (4) the taxpayer's spouse is not a member of the household during the last 6 months of the tax year. See sec. 7703(b). Petitioner contends that his son Tye lived with him at the Lower Wetumpka Road house in 1994 and 1995, and that he 3 The burden of proof provisions of sec. 7491 do not apply here because the examination in this case began before July 22, 1998. See Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011