Diego Francisco - Page 3

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               Respondent determined a deficiency in petitioner’s 2001                
          Federal income tax of $4,880.30.  The issues for decision are               
          whether petitioner is entitled to head of household filing status           
          and whether petitioner is entitled to a claimed earned income               
          credit of $3,906.  Some of the facts have been stipulated and are           
          so found.  We incorporate by this reference the parties’                    
          stipulation of facts and the accompanying exhibits.  Petitioner             
          was a resident of Los Angeles, California, at the time he filed             
          his petition.                                                               
               In 2001, petitioner resided with Yolanda Margarita Guzman              
          (Ms. Guzman) and their two children in a three-bedroom house                
          owned by Ms. Guzman’s parents.  Petitioner and Ms. Guzman were              
          not married.  Their children are named Cesar Mateo Diego, born on           
          April 10, 1992, and Juliana Maria Diego, born on May 3, 2000.               
          Ms. Guzman’s parents, her brother, her sister, and her sister’s             
          husband and three children all resided in the same house with               
          petitioner, Ms. Guzman, and their two children.                             
               On his 2001 Federal income tax return, petitioner reported             
          adjusted gross income (AGI) of $13,553, and computed his tax as a           
          head of household.  He also claimed the following:  Dependency              
          exemption deductions for Ms. Guzman and their two children, an              
          additional child tax credit of $355, and an earned income credit            
          of $3,906.  Respondent disallowed petitioner’s claim to the                 
          dependency exemption deductions, the full amount of the                     






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