- 5 - should have had custody. He was asked to care for the children when doctor or dentist appointments were required or when they were sick during periods when they should have been in the custody of Ms. Meier. In essence, petitioner had custody for the weeks he was to have custody under the decree, plus he had custody of the children for some of the weeks Ms. Meier was supposed to take care of them. We are convinced on this record that petitioner had custody of the children for the greater portion of 1999. Under section 152(e) and section 1.152-4(b), Income Tax Regs., the children are treated as having received over one-half of their support from petitioner. Accordingly, we hold that petitioner is entitled under sections 151(a) and 152(e) to claim Kaislyn and Naleah as dependents for 1999. We next consider whether petitioner is entitled to head of household filing status for 1999. Respondent determined that petitioner’s proper filing status for the taxable year at issue is single. Section 2(b), in relevant part, defines head of household as an unmarried taxpayer who maintains as his home a household which constitutes for more than one-half of such taxable year the principal place of abode of a person who is an unmarried son or daughter of the taxpayer. Sec. 2(b)(1)(A)(i). We have found that petitioner had physical custody of Kaislyn and Naleah for the greater portion of 1999. Accordingly, we hold thatPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011