- 16 - 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). The term “principal place of abode” is synonymous with “home”. Sec. 1.2- (2)(c)(1), Income Tax Regs. A taxpayer shall be considered as maintaining a household only if he pays more than one-half the costs of the household. Sec. 1.2-2(d), Income Tax Regs. The costs of maintaining a household include property taxes, mortgage interest, rent, utility charges, upkeep and repairs, property insurance, and food consumed on the premises. Id. During the taxable years at issue, Jamie was a full-time student at Penn State University. In 1996 and 1997, Jamie remained at college during the summer months as a participant in the ROTC program. Petitioner testified that “for the most part [Jamie] wasn’t in the area at all. She was away at college.” Petitioner, although unmarried during the taxable years in issue, has not met the requirements to file as head of household. Petitioner lived in Ms. Hughes’ residence during the years in issue. Petitioner testified that he paid weekly child support to his former wife during the taxable years in issue. Petitioner did not offer evidence that he provided more than one-half the costs of maintaining a household for himself and Jamie.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011