- 23 - not a surviving spouse and who “maintains as his home a household which constitutes for more than one-half of * * * [the] taxable year the principal place of abode, as a member of such household, of * * * a * * * daughter”. Petitioner’s eligibility for head of household filing status depends upon whether her home in Irvine, California, was Melissa’s principal place of abode, as a member of petitioner’s household, for more than one-half of 1999. Petitioner paid 7 months of rent for the Hollywood premises. That payment, totaling $3,850, was stipulated to be for “office space” and was listed on Schedule C of the 1999 amended return as rent paid for “other business property”. Petitioner testified, however, that those premises also served as a place of abode for Melissa so that she would “be able to stay up in Los Angeles during the times that she was not able to return to Irvine.” Section 1.2-2(c)(1), Income Tax Regs., allows for “temporary absences from the household due to special circumstances.” That regulation, in pertinent part, provides that “[a] nonpermanent failure to occupy the common abode by reason of * * * education [or] business * * * shall be considered temporary * * * due to special circumstances.” Petitioner’s evidence indicates that Melissa occupied the Hollywood premises for up to 7 months during 1999 in order to pursue a singing career in Los Angeles clubs and attend screenwriting, acting and modeling classes. Melissa testifiedPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011