Vanessa K. Bernardo - Page 23

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          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 testified              






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