Taylor Brinson - Page 6

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          Nonetheless, we are not willing to assume that he cared for the             
          children as if they were his own children.  The fact of the                 
          matter is that petitioner’s parents were the legal guardians of             
          the children, and according to a Temporary Letters of                       
          Guardianship issued by the Probate Court it was their duty “to              
          see that the ward is adequately fed, clothed, sheltered, educated           
          and cared for, and that the ward receives all necessary medical             
          attention.”  While we recognize that petitioner performed some of           
          these duties, e.g., getting the children to school and, on                  
          occasion, picking them up from school, petitioner’s parents were,           
          in fact, the foster parents of the children.  We, therefore,                
          sustain respondent’s determination with respect to the EIC.                 
          Head of Household Filing Status                                             
               Petitioner claims that he maintained, as his household, the            
          principal place of abode of the children, and, therefore, is                
          entitled to use the head of household filing status.  Section               
          2(b) provides the requirements for head of household filing                 
          status.  To qualify as a head of a household a taxpayer must (a)            
          be unmarried at the end of the taxable year, (b) not be a                   
          surviving spouse, and (c) maintain as the taxpayer’s home a                 
          household that constitutes the principal place of abode of a                
          dependent for whom the taxpayer is entitled to claim a deduction            
          under section 151.  Sec. 2(b)(1)(A)(ii).  As we have already                
          decided that petitioner is not entitled to claim the children as            






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