- 8 - In addition, as we concluded above, petitioner did not maintain as his home a household which constituted for more than one-half of 1999 the principal place of abode of a dependent under section 151. Accordingly, we conclude that petitioner is not entitled to the claimed head-of-household filing status.4 The next issue is whether petitioner is entitled to the claimed EIC of $3,613. Under section 32(d), in the case of an individual who is married (within the meaning of section 7703), the individual may be entitled to an EIC under section 32 only if a joint return is filed for the taxable year under section 6013. The determination of whether an individual is married is made at the close of the taxable year. Sec. 7703(a)(1). An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. Sec. 7703(a)(2). An individual who is living apart from his spouse but not legally separated under a decree of divorce or separate maintenance shall be considered as married. Sec. 1.7703-1(a), Income Tax Regs. Accordingly, under section 7703(a) petitioner is considered married. Alternatively, section 7703(b) provides that a taxpayer who is married under section 7703(a) and who files a separate return, 4 We note that respondent disallowed the head-of-household filing status in the notice of deficiency and treated petitioner as single. Respondent does not seek to claim an increased deficiency which might result from a change in filing status to married filing separately.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011