Maria G. Pelayo - Page 5




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          on the children.                                                            
               In the notices of deficiency, respondent adjusted each                 
          petitioner’s filing status to married filing separately.  As a              
          result, respondent disallowed the earned income credits claimed             
          by petitioners.                                                             
                                     Discussion                                       
               As relevant herein, a taxpayer qualifies for head of                   
          household filing status if he or she is (1) not married at the              
          close of the taxable year, and (2) maintains as his or her home             
          “a household which constitutes for more than one-half of such               
          taxable year the principal place of abode” of a son or daughter.            
          Sec. 2(b)(1)(A).3                                                           
               A married taxpayer qualifies as unmarried for head of                  
          household filing purposes if (1) the taxpayer files a separate              
          tax return, (2) the household is, for more than one-half of the             
          taxable year, the principal place of abode of the taxpayer’s                
          child for whom the taxpayer would be entitled to claim a                    
          dependency exemption, (3) the taxpayer “furnishes over one-half             
          of the cost of maintaining such household during the taxable                
          year,” and (4) the taxpayer’s spouse is not a member of the                 
          household during the last 6 months of the taxable year.  Sec.               


          3   The analysis of sec. 2(b) can be addressed via the marital              
          status of petitioners under sec. 7703(b) or the requirement to              
          maintain a household under sec. 2(b).  The result of either                 
          analysis is the same; however, the parties addressed the marital            
          status of petitioners at trial, and we do the same here.                    





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