Terence M. Taylor - Page 5




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          must not exceed the exemption amount, or the child must be either           
          under the age of 19 or a student under the age of 24.  Sec.                 
          151(c)(1).                                                                  
               Generally, an unmarried taxpayer is entitled to head of                
          household filing status if the taxpayer maintains a household               
          which is the principal place of abode of at least one unmarried             
          child.  Sec. 2(b)(1).                                                       
               Under section 32, an eligible individual is allowed a credit           
          which is calculated as a percentage of the individual’s earned              
          income, subject to certain limitations.  Sec. 32(a)(1).  Any                
          individual with a qualifying child is an eligible individual.               
          Sec. 32(c)(1).  As is relevant here, the definition of a                    
          qualifying child for purposes of section 32 includes a child of a           
          taxpayer who has the same principal place of abode as the                   
          taxpayer for more than half of the taxable year.  Sec.                      
          32(c)(3)(A).  A qualifying child must be either under the age of            
          19 (or a student under the age of 24) at the close of the taxable           
          year, or be permanently and totally disabled at any time during             
          the year.  Sec. 32(c)(3)(C).                                                
               We found petitioner to be a credible witness and accept his            
          testimony concerning his relationship with his children and their           
          residence during the year in issue.  On these facts, we find it             
          unnecessary for petitioner to produce legal documentation proving           
          he had custody of his children during that year, as respondent              






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