Mohamed Barrie - Page 10




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          maintains as his home a household which constitutes for more than           
          one-half of the taxable year the principal place of abode of a              
          child (under section 151(c)(3)) with respect to whom the taxpayer           
          is entitled to a deduction under section 151, furnishes over one-           
          half of the cost of maintaining such household during the taxable           
          year, and whose spouse is not a member of such household during             
          the last 6 months of the taxable year shall not be considered as            
          married.  See also sec. 1.7703-1(b)(1), Income Tax Regs.  Because           
          we have concluded above that petitioner is not entitled to a                
          deduction under section 151, section 7703(b) is not applicable to           
          petitioner, and he shall be considered as married during 1999.              
               Since petitioner was married within the meaning of section             
          7703 during 1999 and he did not file a joint return for the                 
          taxable year under section 6013, he is not entitled to the                  
          claimed EIC under section 32(d).                                            
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               













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