- 3 - Petitioner and the mother of the three dependent children have been living together for more than 10 years, and petitioner provides the primary support for the household, which includes the dependent children. Mississippi abolished common-law marriage in 1956, Miss. Code Ann. sec. 93-1-15(1) (1999), and the living arrangement of petitioner and the mother is illegal under Mississippi law, Miss. Code Ann. sec. 97-29-1 (1999); see also Davis v. Davis, 643 So. 2d 931 (Miss. 1994); Sullivan v. Stringer, 736 So. 2d 514 (Miss. Ct. App. 1999). Petitioner does not claim a dependency exemption for the mother, and correctly so. See Turnipseed v. Commissioner, 27 T.C. 758 (1957). However, petitioner asserts that his living arrangement with the children does not violate Mississippi law, and that continuation of this arrangement should be encouraged. Petitioner has cared for the mother’s children as his own and claimed them as his foster children since 1991. Petitioner asserts that the State of Mississippi accepts these children as his foster children, citing as evidence the high school record of one of the children showing the names of both petitioner and the mother as “Parent/Guardian” of the child in question, with the relationship between petitioner and the child labeled “F-Father”. Petitioner also asserts that no one else claims the children as dependents or foster children for tax purposes, and that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011