Manuella Cantrell - Page 7

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               In the present case, petitioner claimed the credit under               
          section 21(a) with respect to Brandon and James.  We have                   
          concluded, however, that they were not petitioner’s dependents              
          within the meaning of section 151(c) for the 2001 taxable year.             
          Accordingly, Brandon and James are not qualifying individuals,              
          and petitioner is not entitled to the credit for child and                  
          dependent care expenses for 2001.  We sustain respondent’s                  
          determination on this issue.                                                
          4.  Head-of-Household Filing Status                                         
               Petitioner filed as a “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.  If the son or daughter is not                 
          married at the close of the taxable year of the taxpayer, “the              
          taxpayer may qualify as the head of a household by reason of such           
          person even though the taxpayer may not claim a deduction for               
          such person under section 151, for example, because the taxpayer            
          does not furnish more than half of the support of such person.”             
          Sec. 1.2-2(b)(3)(i), Income Tax Regs.  A taxpayer shall be                  
          considered as maintaining a household only if over half of the              






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