- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011