- 7 - testified that during both years in issue, the children visited petitioner on weekends and “about two or three weeks during the summertime”. Otherwise, they lived with Ms. Jones. Obviously, Ms. Jones had physical custody of the children for the greater portion of each year. Sec. 1.152-4(b), Income Tax Regs. Accordingly, we hold that petitioner is not entitled under sections 151(a) and 152(e) to claim Anthony or Shenika as dependents for 1997 and Anthony as a dependent for 1998. We next consider whether petitioner is entitled to head of household filing status for 1997 and 1998. Respondent determined that petitioner’s proper filing status for both tax years at issue is single. Section 2(b), in relevant part, defines head of household as an unmarried taxpayer who maintains as his home a household which constitutes for more than one-half of such taxable year the principal place of abode of a person who is an unmarried son or daughter of the taxpayer. Sec. 2(b)(1)(A)(i). We have found that Ms. Jones had physical custody of Anthony and Shenika for the greater portion of each year. Accordingly, we hold that petitioner is not entitled to head of household filing status for either year in issue. Respondent’s determination as to this issue is sustained. We must consider whether petitioner is entitled to credits for child and dependent care expenses in the amounts of $780 inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011