- 6 - 1999. Petitioner did not file a joint income tax return with her for that year. We have held that petitioner is not entitled to any dependency exemption deduction for 1999. Consequently, petitioner is not entitled to head of household filing status or to an earned income credit.4 Secs. 2(b)(1), 32(d). Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered for respondent. 4 Since petitioner was married at all times during 1999, respondent might have utilized the standard deduction applicable to married individuals filing separately. Respondent has not done so, and consequently respondent’s deficiency determination for 1999 was understated. Respondent’s counsel has explicitly waived any claim to the additional deficiency resulting from this apparent error. Moreover, because respondent did not assert any claim for an increased deficiency, we lack jurisdiction to redetermine the correct amount of the deficiency. See sec. 6214(a); Estate of Petschek v. Commissioner, 81 T.C. 260, 271-272 (1983), affd. 738 F.2d 67 (2d Cir. 1984).Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011