Humberto M. Betancourt - Page 6

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          Zamora Street–-was a household solely for Ms. Rodriguez and Tanya           
          during the taxable year.  The record, however, does not support             
          petitioner’s contentions.                                                   
               The extent of a “household” is not determined solely by                
          physical boundaries; instead we must look to all of the facts in            
          any particular case.  Estate of Fleming v. Commissioner, T.C.               
          Memo. 1974-137.  Tanya had unrestricted access to petitioner’s              
          household and had meals with Erica and Ivan during 2001.                    
          Moreover, Ms. Rodriguez testified that she and the children lived           
          at the same address that petitioner claimed as his household.  On           
          the basis of the record, we find that petitioner’s household                
          consisted of Ms. Rodriguez, the children, and petitioner, whether           
          it be at 4221 Zamora Street or the entire duplex.                           
               Consequently, petitioner did not maintain such household               
          under section 2(b)(1), because he did not establish that he                 
          furnished over half the cost of maintaining it for 2001.                    
          Petitioner reported total income of $11,000, whereas Ms.                    
          Rodriguez had wages of approximately $15,000.  Accordingly, we              
          conclude that petitioner is not entitled to head-of-household               
          filing status, and we sustain respondent’s determination on this            
          issue.                                                                      
          2.  Dependency Exemption Deductions                                         
               A taxpayer may be entitled to a deduction of the exemption             
          amount for each dependent.  Sec. 151(a), (c).  The term                     






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