John J. DeWald - Page 6




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          us, we cannot find that petitioner paid over half of the support            
          for Brianna and Cody during 1998.                                           
               The second issue for decision is whether petitioner is                 
          entitled to head of household filing status.                                
               An unmarried taxpayer with no children or stepchildren is              
          entitled to head of household filing status only if the taxpayer            
          maintains as his household the principal place of abode, for more           
          than half the year, of at least one individual who entitles the             
          taxpayer to a dependency exemption deduction under section 151.             
          Sec. 2(b)(1).  Because petitioner did not establish that he                 
          furnished over half the cost of maintaining the household, and              
          because neither Brianna nor Cody entitles petitioner to a                   
          dependency exemption deduction for 1998, petitioner is not                  
          entitled to head of household filing status for that year.                  
               The third issue for decision is whether petitioner is                  
          entitled to an earned income credit based on two qualifying                 
          children.                                                                   
               Under section 32, an eligible taxpayer is allowed a credit             
          which is calculated as a percentage of the taxpayer’s earned                
          income, subject to certain limitations.  Sec. 32(a)(1).                     
          Taxpayers who have qualifying children are allowed a larger                 
          credit and are entitled to a credit at higher income levels than            
          are individuals without qualifying children.  Sec. 32(a), (b).              
          Because petitioner’s earned income was $13,613 during the year in           






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