- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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