Hilton H. Hackley - Page 12




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          support during the years in issue.  Therefore, we hold that                 
          petitioner is not entitled to section 151 dependency exemption              
          deductions for the 1995 and 1996 tax years.3  Respondent is                 
          sustained on this issue.                                                    
          Head of Household Status                                                    
               According to the relevant part of section 2(b), an                     
          individual shall be considered a head of household if such                  
          individual (1) is not married at the close of the taxable year              
          and (2) maintains as his home a household which constitutes for             
          more than one-half of the taxable year the principal place of               
          abode of a stepdaughter or of any other person who is a dependent           
          of the taxpayer, if the taxpayer is entitled to a deduction for             
          the taxable year for such person under section 151.                         
               Because the parties stipulated that the children did not               
          reside with petitioner during any part of the years in issue, and           
          because we held above that petitioner is not entitled to a                  
          deduction for the children under the provisions of sections 151             
          and 152, petitioner is not entitled to head of household status.            
          Therefore, respondent is sustained on this issue.                           








               3    It is therefore unnecessary to address whether Varela             
          Kenneth is petitioner’s stepdaughter.                                       





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