Anthony L. Poole - Page 8




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          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 in             






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