Derrick Elkins - Page 8

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          Tyra, and Ms. Stackhouse for the 1999 and 2000 taxable years and            
          for Jaleisha for the 2000 taxable year.  However, we conclude               
          that, under the special support test of section                             
          152(e)(1)(A)(iii), petitioner is entitled to the dependency                 
          exemption deduction for Jaleisha for the 1999 taxable year.                 
          3.  Filing Status                                                           
               To qualify as a head of household, a taxpayer must satisfy             
          the requirements of section 2(b).  Under section 2(b), a taxpayer           
          shall be considered a head of household if he or she is not                 
          married at the close of the taxable year, is not a surviving                
          spouse, and, among other choices, maintains as his or her home a            
          household which constitutes for more than half of such taxable              
          year the principal place of abode, as a member of such household,           
          of either an unmarried daughter of the taxpayer or any other                
          person who is a dependent of the taxpayer if the taxpayer is                
          entitled to a deduction for the taxable year for such person                
          under section 151.  Sec. 2(b)(1)(A); sec. 1.2-2(b)(3)(ii),                  
          (c)(1), Income Tax Regs.  A taxpayer shall be considered as                 
          maintaining a household only if he or she pays more than one-half           
          of the cost thereof for the taxable year.  Sec. 1.2-2(d), Income            
          Tax Regs.                                                                   
               In the present case, respondent determined that petitioner             
          was not entitled to head-of-household filing status for 1999 and            
          2000.  We have sustained respondent’s determination that Ms.                






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