Joseph Allen Gingrich - Page 8




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          they did not otherwise live with her during 2000, and also that             
          she did not live at petitioner’s home in Dale City.  Respondent             
          points to the school records of Joshua and Joseph and to Ms.                
          Jackson’s return for 2000 to support his allegation that Ms.                
          Jackson lived in the same house as petitioner during 2000;                  
          however, we do not find these documents to be dispositive.  We              
          find Ms. Jackson’s testimony to be credible and conclude that she           
          did not live in petitioner’s house during 2000.                             
               We conclude that petitioner was the custodial parent and               
          Joshua and Joseph, therefore, are treated as receiving over half            
          of their support from petitioner.  Id.  Accordingly, petitioner             
          is entitled to the dependency exemption deductions for Joshua and           
          Joseph for the taxable year 2000.                                           
               2.  Head-of-Household Filing Status                                    
               As relevant here, an individual shall be considered a head             
          of household if, and only if, he is not married at the close of             
          his taxable year, is not a surviving spouse, and maintains as his           
          home a household which constitutes for more than one-half of the            
          taxable year the principal place of abode, as a member of such              
          household, of an unmarried child of the taxpayer.  Sec.                     
          2(b)(1)(A)(i); sec. 1.2-2(b)(1), (b)(3), Income Tax Regs.  A                
          taxpayer shall be considered as maintaining a household only if             
          he pays over half of the cost thereof for the taxable year.  Sec.           
          2(b)(1); sec. 1.2-2(d), Income Tax Regs.  The expenses of                   






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