Bruce Edward Kennedy - Page 11

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          considered such days that the girls spent with petitioner’s                 
          parents and Ms. Zorb to count in petitioner’s favor, as temporary           
          absences within the meaning of the regulations.  Sec. 1.2-                  
          2(c)(1), Income Tax Regs.  On days that the girls spent part of             
          their time with both parents, petitioner and Ms. Kennedy were               
          each credited with one-half day, an approach sanctioned by both             
          petitioner and respondent.                                                  
               Despite these allowances, on this record, the Court holds              
          that Bianca and Alexa Kennedy did not have the same principal               
          place of abode with petitioner for more than one-half of the                
          year.  As between petitioner and Ms. Kennedy, the number of days            
          each spent with their daughters was quite close.  Although                  
          petitioner did provide a place of abode for Bianca and Alexa for            
          a significant portion of 2000, that time period, in the Court’s             
          best judgment, did not exceed 183 days for that year.  Therefore,           
          the Court holds that the two girls were not qualifying children             
          for purposes of section 32(a).  Respondent is sustained on this             
          issue.                                                                      
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             under Rule 155.                          







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