- 2 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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