- 9 - States, 381 U.S. 68, 72 (1965); Massaglia v. Commissioner, 286 F.2d 258, 262 (10th Cir. 1961), affg. 33 T.C. 379 (1959). While it is unfortunate that petitioner may have received unhelpful or incorrect tax advice from an IRS employee, that advice does not have the force of law and is not binding on the respondent or this Court. Because there is no corroborating evidence to substantiate petitioner’s claimed dependency exemption deductions for the years at issue, we hold that petitioner is not entitled to the dependency exemption deductions for the 1997 and 1998 taxable years. Respondent is sustained on this issue. Head of Household Status According to the relevant part of section 2(b), a taxpayer 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 son or daughter of the taxpayer. Sec. 2(b)(1)(A)(i). Thus, petitioner must establish that Adam and Jordan lived in petitioner’s home for more than 6 months in both 1997 and 1998. Because we determined above that Adam and Jordan were not in the physical custody of petitioner for more than half of each year at issue, petitioner could not have maintained a household that was Adam and Jordan’s principal place of abode for more thanPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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