Karl V. Meier - Page 6




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          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 that                     






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