Lyndell Scott Hegwood - Page 6




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                    (III) has the same principal place of abode                       
               as the taxpayer for the taxpayer’s entire taxable                      
               year.                                                                  
               Respondent acknowledges that petitioner cares for the                  
          children in question as his own and that those children and                 
          petitioner have the same principal place of abode.                          
               Petitioner acknowledges that the children have not been                
          “placed with the taxpayer by an authorized State agency”.                   
          Indeed, there was an intimation at trial that petitioner and the            
          mother view as unfair the refusal or failure of the Mississippi             
          Department of Human Services to place the children with                     
          petitioner as his foster children.  The Court is left with the              
          impression that the Mississippi Department of Human Services has            
          not placed the children with petitioner as his foster children              
          because of the technical illegality of petitioner’s living                  
          arrangement with the mother.                                                
               With the change in section 32(c)(3) that became effective              
          for the taxable year, petitioner took the return position, after            
          discussion with the mother, who is the sole custodial parent,               
          that she was authorized to “place” the children with petitioner             
          as his foster children.  Although there is no documentary                   
          evidence or testimony in the record that the mother has “placed”            
          any of the children with petitioner as their foster father, we              
          will assume for purpose of argument that she has attempted to do            
          so.                                                                         






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