Dwayne Lee Rabold - Page 6




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          to claim a dependency exemption deduction for Maddison under                
          section 151(c) in accordance with section 152(e)(2).  It does not           
          provide petitioner with the right to claim head-of-household                
          filing status and the earned income credit.  In order to claim              
          head-of-household filing status and the earned income credit,               
          petitioner must satisfy all of the statutory requirements under             
          sections 2(b) and 32, respectively.  We note that respondent did            
          not disallow petitioner's claimed dependency exemption deduction,           
          nor is petitioner being penalized for his misunderstanding                  
          inasmuch as respondent did not determine any penalties.                     
               Petitioner filed in the manner he did based on his                     
          understanding of the divorce decree provision allowing him to               
          claim Maddison as his dependent.  Nevertheless, both section 2(b)           
          and section 32 require that petitioner's household be Maddison's            
          principal place of abode for more than one-half of the taxable              
          year.  Although Maddison resided with him for part of each year,            
          this does not satisfy the requirement that they had the same                
          principal place of abode for more than one-half of each taxable             
          year.  Accordingly, we sustain respondent's determination.                  
               To the extent that we have not addressed any of the parties'           












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