- 6 - deduction for the person under section 151. Sec. 2(b)(1)(A)(ii). As noted earlier, respondent conceded petitioner’s entitlement to the child tax credit under section 24. That concession satisfied the second prong listed in section 2(b)(1)(A)(ii), that the child was petitioner's dependent, for whom he was entitled to a deduction under section 151, and she was domiciled with petitioner for at least 6 months of the taxable year.4 The only remaining requisite for head of household filing status is section 2(b)(1), which requires that the household provider be “not married” at the close of the taxable year. Although petitioner was married and not divorced at the close of the tax year in question, under section 7703(b)(3), a taxpayer who maintains as his home a household which constitutes the principal place of abode for more than one-half the year a child for whom he is entitled to a deduction under section 151 is deemed to be “not married” if, during the last 6 months of the year at issue, his spouse did not reside with him. Sec. 2(c). Petitioner 4 On his 2000 Federal income tax return, petitioner claimed Tymiesha Somerville as a dependent. In the notice of deficiency respondent disallowed the dependency exemption of $2,800. Neither party addressed this adjustment at trial; however, respondent conceded petitioner’s entitlement to the sec. 24 child tax credit for which Tymiesha was the qualifying child. Since sec. 24 provides that a qualifying child means any individual who, among other requirements not pertinent here, is a dependent under sec. 151, respondent’s concession of the sec. 24 credit also constitutes a concession that Tymiesha was a dependent under sec. 151. Therefore, in addition to the other concessions in supra note 2, petitioner is entitled to the dependency exemption deduction for the year 2000. Sec. 24(c)(1)(A).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011