- 8 - exemption. See Neal v. Commissioner, T.C. Memo. 1999-97. Respondent is sustained on this issue.3 2. Filing Status To qualify for 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 a son or daughter. Sec. 2(b)(1)(A). In the present case, petitioner’s home was not a household that constituted the principal place of abode for Jonathan and Jennifer for more than half of 1999. Accordingly, petitioner was not a head of household within the meaning of section 2(b)(1). We sustain respondent’s determination on this issue. 3 Respondent determined that petitioner was not entitled to a child tax credit of $350 for the 1999 taxable year. We sustain respondent’s determination on this issue, even though respondent did not raise this issue at the time of trial or in his pretrial memorandum. Sec. 24(a) provides for a “credit against the tax * * * for the taxable year with respect to each qualifying child of the taxpayer”. The term “qualifying child” means any individual if three tests are satisfied, one of which is whether the taxpayer is allowed a deduction under sec. 151 with respect to such individual for the taxable year. Sec. 24(c)(1). Because we conclude that petitioner is not entitled to dependency exemption deductions for 1999, Jonathan and Jennifer are not qualifying children, and petitioner is not entitled to the child tax credit of $350 for 1999.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011