Humberto M. Betancourt - Page 4

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          apartments with separate entrances.  The apartment at 4219 Zamora           
          Street has one bedroom, and the apartment at 4221 Zamora Street             
          has two.  Erica, Tanya, and Ivan had keys to both apartments and            
          ate meals sometimes in one or the other apartment.                          
               Petitioner filed a timely Federal income tax return for the            
          2001 taxable year.  The return reflected an address of “4221                
          Zamora Street” and reported total income of $11,000.  Petitioner            
          filed as a “head of household” and claimed dependency exemption             
          deductions for Erica and Ivan, but not Tanya.  Petitioner also              
          claimed an additional child tax credit of $22 and an earned                 
          income credit of $4,008 with Erica and Ivan as qualifying                   
          children.                                                                   
               Respondent issued petitioner a notice of deficiency dated              
          November 15, 2002.1                                                         
                                     Discussion                                       
               Section 7491(a) provides that in a court proceeding, the               
          burden of proof with respect to any factual issue shifts to the             


               1  The notice of deficiency included a rate adjustment                 
          credit of $138.65, which petitioner had not claimed in his 2001             
          tax return.  The Economic Growth and Tax Relief Reconciliation              
          Act of 2001, Pub. L. 107-16, sec. 101(a), 115 Stat. 38, 41-42,              
          created a new regular income tax bracket of 10 percent for                  
          taxable years beginning after Dec. 31, 2000.  See sec. 1(i).                
          Congress decided to implement the 10-percent rate bracket for               
          2001 via a rate reduction credit for that taxable year.  See                
          secs. 1(i)(1)(D), 6428; H. Conf. Rept. 107-84, at 5-6 (2001).               
          The maximum amount of the rate reduction credit depends upon a              
          taxpayer’s filing status for 2001, and thus it is computational.            
          See sec. 1(i)(1)(B).                                                        





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