John R. Hernandez - Page 10




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          investment interest in 1995.  We therefore sustain respondent’s             
          determination.                                                              
               Petitioner also deducted other expenses of $6,129 on                   
          Schedule A in 1995.  At trial, petitioner argued that this amount           
          arose from an ordinary loss reported on Schedule K-1, Partner’s             
          Share of Income, Credits, Deductions, Etc., issued by Turtle                
          Futures Fund, L.P.  However, petitioner also deducted the                   
          ordinary loss on Schedule E, thereby giving petitioner two                  
          deductions for the same expense.  Petitioner did not establish              
          that he incurred other expenses of $6,129, and we sustain                   
          respondent’s determination.                                                 
               4. Filing Status                                                       
               In order to qualify for head-of-household filing status, a             
          taxpayer must satisfy the requirements of section 2(b).  Pursuant           
          to that section, and as relevant herein, an individual qualifies            
          as a head of household if the individual is not married at the              
          close of the taxable year and maintains as his home a household             
          that constitutes for more than one-half of the taxable year the             
          principal place of abode of a descendant of a son or daughter of            
          the taxpayer.  Sec. 2(b)(1)(A)(i).  A taxpayer is considered as             
          maintaining a household only if over half of the cost of                    
          maintaining the household during the taxable year is furnished by           
          the taxpayer.  Sec. 2(b)(1) (flush language).  The expenses of              
          maintaining a household include food consumed on the premises,              






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