Arthur McGee - Page 3




                                        - 2 -                                         
          effect for the year in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure.                                  
               Respondent determined a deficiency of $4,326 in petitioner’s           
          1999 Federal income tax.  The issues for decision are whether               
          petitioner is entitled to the following:  (1) Two dependency                
          exemption deductions; (2) head of household filing status; and              
          (3) an earned income credit.1                                               
               At the time the petition was filed, petitioner resided in              
          Vallejo, California.                                                        
               Throughout 1999 petitioner was married to Cynthia McGee.               
          Because of marital problems, petitioner lived apart from his wife           
          at his parents’ house with two of his sons.  Petitioner allegedly           
          paid to his parents rent of $300 per month for use of a room in             
          their 3-bedroom house.  Petitioner and his two sons lived                   
          together in the room that petitioner rented.                                
               On his 1999 Federal income tax return petitioner claimed               
          dependency exemption deductions for his two sons.  Petitioner               
          also claimed head of household filing status and an earned income           
          credit.  In the notice of deficiency, respondent disallowed the             
          claimed dependency exemption deductions, the head of household              
          filing status, and the full amount of the claimed earned income             
          credit.                                                                     


               1 Petitioner also claimed a child tax credit.  His                     
          eligibility for the child tax credit is a computational matter.             






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011