- 8 - his abode after the completion of his sea duty, and he did in fact do just that.8 Based on the foregoing, we hold that petitioner was married as of the close of 1998 and that, as a consequence, she is not entitled to either a credit for child care expenses or the earned income credit. Secs. 21(e)(2), 32(d); Chiosie v. Commissioner, T.C. Memo. 2000-117; Casey v. Commissioner, T.C. Memo. 1988-170, affd. without published opinion 876 F.2d 899 (11th Cir. 1989). B. Filing Status Respondent, in determining the deficiency in issue, adjusted petitioner’s filing status, disallowed the credit for child care expenses, and disallowed the earned income credit. Given the fact that the sum of (1) the credit claimed by petitioner for child care expenses and (2) the earned income credit claimed by her equals $2,761 (i.e., $596 + $2,165) and that such sum equals 8 The paradigm for the “deemed single” rule of sec. 7703(b) is the taxpayer who has been deserted or abandoned by her spouse and is therefore no longer part of a functioning marital unit. The limitation on the literal application of sec. 7703(b) that is found in sec. 1.7703-1(b)(5), Income Tax Regs., contemplates a marital unit that remains intact, notwithstanding the temporary absence of one spouse from the household due to special circumstances, such as military service. Insofar as sec. 21 is concerned, the analog to sec. 7703(b) is found in sec. 21(e)(4), and the analog to sec. 1.7703-1(b)(5), Income Tax Regs., is found in the legislative history of sec. 44A, the predecessor of sec. 21. See H. Rept. 94-658, at 146-149 (1975), 1976-3 C.B. (Vol. 2) 695, 838-841; S. Rept. 94-938, at 132-135 (1976), 1976-3 C.B. (Vol. 3) 49, 170-173; Staff of Joint Comm. on Taxation, General Explanation of the Tax Reform Act of 1976, 1976-3 C.B. (Vol. 2) 135-139.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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