Stephen James Caputi - Page 2

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          household filing status.1  Underlying these issues is whether               
          section 152(e) is constitutionally permissible.  At the time the            
          petition was filed petitioner resided in Washington Crossing,               
          Pennsylvania.                                                               
                                     Background                                       
               Petitioner and Jocelyn Sirkis were divorced on October 20,             
          2000.  They have two children, Theodore and Thomas Caputi.  After           
          he moved out of the marital residence in mid-November 2000,                 
          petitioner had partial custody of both children on alternating              
          weekends and for one midweek dinner visit.  During this time,               
          both petitioner and Ms. Sirkis were seeking primary physical                
          custody of their sons.                                                      
               On September 28, 2001, an agreed custody order of the Court            
          of Common Pleas of Bucks County, Pennsylvania, provided that both           
          parents will share legal custody and named Ms. Sirkis the                   
          “primary custodial parent subject to partial physical custody               
          rights” of petitioner.  Petitioner’s partial physical custody               
          schedule centers on an alternating weekly basis.  Petitioner has            
          his sons from Wednesday after school through Thursday morning and           
          from Friday after school through Monday morning one week, and               
          then from Tuesday after school through Thursday morning the                 




               1    Unless otherwise indicated, section references are to             
          the Internal Revenue Code in effect for the year in issue.                  




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