Hilton H. Hackley - Page 5




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          then three weeks.”  Petitioner, a family member, or petitioner’s            
          girlfriend (not Ms. Kenneth), watched the children at                       
          petitioner’s home or took them to another relative’s home for               
          supervision.  None of the children was enrolled in school during            
          the years in issue.                                                         
               Petitioner timely filed his 1995 and 1996 Federal income tax           
          returns as head of household.  He also claimed dependency                   
          exemption deductions for the children, Schedule A mortgage                  
          interest deductions of $9,602 and $8,044 for 1995 and 1996,                 
          respectively, and deductions for real estate taxes paid of $2,087           
          and $2,309 for 1995 and 1996, respectively.                                 
               In a notice of deficiency, respondent disallowed                       
          petitioner’s Schedule A deductions for mortgage interest and real           
          estate taxes on the grounds that petitioner has not shown that              
          the amounts were incurred, or paid, for taxes which qualify as              
          deductions, and that petitioner has not shown that he is legally            
          liable for the mortgage payments.  Respondent further disallowed            
          the dependency exemption deductions because petitioner failed to            
          establish that he was entitled to the exemptions.  As a result of           
          the disallowance, respondent further determined that petitioner’s           
          filing status was single, not head of household.                            
          Schedule A Deductions                                                       
               Petitioner has the burden of showing that the determinations           
          in the notice of deficiency are erroneous.  Rule 142(a); Welch v.           






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