Derrick Elkins - Page 9

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          Pressley, Tyra, and Ms. Stackhouse were not petitioner’s                    
          dependents.  Moreover, although Jaleisha lived with petitioner              
          for more than one-half of the year during 1999 and 2000,                    
          petitioner has not provided any evidence that he paid more than             
          one-half of the cost of maintaining a household during the                  
          relevant taxable years.5  Accordingly, petitioner is not entitled           
          to head-of-household filing status for 1999 and 2000, and to that           
          extent, we sustain respondent’s determination.                              
               Respondent also determined that petitioner is entitled to a            
          filing status of married filing separately for the taxable years            
          in issue.  However, respondent’s determination is inconsistent              
          with petitioner’s testimony that he was not married to either Ms.           
          Stackhouse or Ms. Pressley.  And while the record seems to                  
          indicate that petitioner was single during the 1999 and 2000                
          taxable years, respondent did not argue at the time of trial that           
          petitioner’s filing status was married filing separately.  We               
          therefore conclude that petitioner is entitled to the filing                
          status of single for the years in issue.                                    
          4.  Child Tax Credit                                                        
               Section 24(a) provides for a “credit against the tax * * *             
          for the taxable year with respect to each qualifying child of the           

               5  Other individuals who lived with petitioner, such as Ms.            
          Pressley and Ms. Stackhouse, could have paid more than one-half             
          of the cost of maintaining the household during the years in                
          issue.                                                                      





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