Eugene P. Mayeux - Page 5




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          increased to $32,000 per year, and Mendy has stopped receiving              
          welfare benefits.                                                           
               Petitioner timely filed a Federal income tax return as a               
          head of household in each of the years in issue.  In 1995, he               
          reported income of $8,590, claimed exemption deductions for                 
          himself, Dustin, and Kristion, and claimed the earned income                
          credit with Dustin and Kristion as qualifying children.  In 1996,           
          he reported income of $8,761, claimed exemption deductions for              
          himself, Kristion, and Brittany, and claimed the earned income              
          credit with Kristion and Brittany as qualifying children.  In the           
          statutory notices of deficiency, respondent for each year changed           
          petitioner’s filing status to single and disallowed the                     
          dependency exemption deductions and earned income credit.                   
               Subject to limitations not applicable here, a deduction is             
          allowed under section 151(a) for each dependent of a taxpayer.              
          Sec. 151(a), (c)(1).  A child of the taxpayer, or an individual             
          whose principal place of abode is the taxpayer’s home and who is            
          a member of the taxpayer’s household, is a dependent of that                
          taxpayer if the taxpayer provides over half of his support for              
          the taxable year.  Sec. 152(a)(1), (9).                                     
               Respondent makes several arguments supporting his                      
          disallowance of the claimed dependency exemption deductions.                
          First, as to Dustin and Kristion, respondent argues that                    
          petitioner is not their father.  However, a taxpayer need not be            






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