Jose Antonio Rios - Page 8




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          holds, because of the plain language of the statute, that                   
          petitioner is not eligible to claim the child tax credit.                   
          3.  Head of Household Filing Status                                         
               Respondent determined petitioner's filing status to be                 
          single rather than head of household for 1998 because Grant did             
          not reside with petitioner for more than one-half of the year.              
               Section 1(b) imposes a special tax rate on individuals                 
          filing as head of household.  As relevant herein, section 2(b)              
          defines a "head of household" as an unmarried individual who                
          maintains as his home a household that constitutes the principal            
          place of abode for a son or daughter for more than half of the              
          taxable year.                                                               
               Petitioner has not demonstrated that he maintained such a              
          household.  The parties agree that Mrs. Chandler is Grant's full-           
          time custodian, and in 1998 petitioner and Mrs. Chandler lived in           
          separate residences.  As previously stated, petitioner had not              
          seen Grant for 8 years and Grant did not live with him at any               
          time during 1998.                                                           
               The evidence petitioner presented fails to establish that he           
          provided the principal place of abode for Grant for more than               
          one-half of the year in issue.  Moreover, petitioner offered no             
          evidence to show that he paid more than one-half the cost of                
          maintaining a household.  See sec. 2(b)(1).  The Court thus holds           
          that petitioner is not entitled to head of household filing                 
          status.                                                                     





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