- 4 - Discussion The burden of proof is on petitioner to show that he is entitled to the head-of-household filing status and that Justice is a “qualifying child” with respect to petitioner for purposes of the earned income credit under section 32.3 Rule 142(a). 1. Filing Status An individual taxpayer qualifies as a head of household if such individual is not married at the close of the taxable year, is not a surviving spouse, and “maintains as his home a household which constitutes for more than one-half of such taxable year the principal place of abode” of a son or daughter of the taxpayer. Sec. 2(b)(1)(A). Petitioner contends that he and Kim Lake had an arrangement for 1998, separate from the Monongalia County court order, in which he would have custody of Justice for half the week throughout the year. His contention, even if accurate, would not satisfy the requirement of section 2(b)(1)(A) that a taxpayer maintain the principal place of abode for his or her child for “more than one-half” of the taxable year. In addition, petitioner’s contention is not supported by the record. Kim Lake 3 Sec. 7491 does not apply to shift the burden of proof to respondent because petitioner has not established that he complied with the requirements of sec. 7491(a)(2)(A) and (B) to substantiate items, maintain required records, and fully cooperate with respondent’s reasonable requests. In any event, deciding who has the burden of proof is not determinative of the outcome of this case.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011