- 2 - whether petitioner qualifies for the earned income tax credit under section 32(a).1 FINDINGS OF FACT Petitioner resided in Miami, Florida, at the time that he filed his petition. On July 23, 1997, petitioner married Eunice Pereyra. Petitioner and his wife had two children, a daughter born on May 14, 1998, and a son born on January 16, 2000. Petitioner’s daughter and son lived with petitioner at all times during 2001. Petitioner’s wife did not have legal resident status in the United States and did not possess a Social Security number. During 2001, petitioner’s wife left the United States for Mexico. Petitioner and his wife did not file a joint Federal income tax return for 2001. Petitioner filed electronically a Form 1040, U.S. Individual Income Tax Return, for 2001. On his Form 1040, petitioner claimed “head of household” filing status. Petitioner remained married throughout 2001 and through the trial of this case in December 2003. Petitioner’s wife did not return to the United States. In the notice of deficiency, respondent determined that petitioner’s filing status was “married filing separate” and 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011