Faraidoon Emanie - Page 9

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          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.                                                           





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