Humberto M. Betancourt - Page 5

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          Commissioner under certain prescribed conditions.  We conclude              
          that the burden of proof remains with petitioner, since he has              
          not met the criteria of section 7491(a)(2)(A) and (B).  Indeed,             
          we found petitioner’s testimony was at times inconsistent with              
          both Ms. Rodriguez’s testimony and documents made part of this              
          record.                                                                     
          1.  Head-of-Household Filing Status                                         
               Petitioner filed as “head of household” for 2001.  In                  
          general, section 2(b)(1)(A)(i) provides that a taxpayer shall be            
          considered a head of a household if, and only if, such taxpayer             
          is not married at the close of his or her taxable year, is not a            
          surviving spouse, and maintains as his or her home a household              
          which constitutes for more than one-half of such taxable year the           
          principal place of abode, as a member of such household, of a son           
          or daughter of the taxpayer.  A taxpayer shall be considered as             
          maintaining a household only if over half of the cost of                    
          maintaining the household during the taxable year is furnished by           
          such taxpayer.  Sec. 2(b)(1).                                               
               During the year in issue, petitioner was not married to Ms.            
          Rodriguez and was not a surviving spouse.  With respect to                  
          maintaining a household, petitioner contends that 4221 Zamora               
          Street was a household that constituted the principal place of              
          abode for Erica, Ivan, and petitioner during 2001.  Petitioner              
          further contends that the other address of the duplex–-4219                 






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