- 3 - not married * * * if at any time during the taxable year his spouse is a nonresident alien”. Sec. 2(b)(2)(C). For purposes of Federal income taxation, an individual is a nonresident alien if the individual is “neither a citizen of the United States nor a resident of the United States”. Sec. 7701(b)(1)(B). To determine residency, an alien individual is a resident of the United States if the individual meets the “substantial presence test”. Sec. 7701(b)(1)(A)(ii). “[A]n individual meets the substantial presence test * * * if--(i) such individual was present in the United States on at least 31 days during the calendar year, and” applying a mathematical formula, was present during the current year and the preceding 2 years for 183 days or more. Sec. 7701(b)(3)(A). Ms. Akhter resided with petitioner in the United States during all of 2001 and in the preceding 2 years and is a resident alien. Petitioner, therefore, was married and does not qualify for the head of household filing status. Respondent’s determination is sustained. Earned Income Credit An EIC is eligible to a married individual “only if a joint return is filed for the taxable year under section 6013.” Sec.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011