Evans A. Mbachu - Page 4

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          these concessions, the issues remaining for decision are                    
          petitioner's claim to head of household filing status under                 
          section 2(b) and petitioner's claim to the section 32(a) earned             
          income credit.                                                              
               Petitioner has a master's degree in sociology and was                  
          employed in a rehabilitation center for the mentally retarded.              
          During the year in question, petitioner was married to Charlene             
          Hill.  They were living separately and apart throughout the year            
          2002.  They have never been divorced or legally separated.                  
          Petitioner and Ms. Hill have no children, although Ms. Hill has             
          five children from a previous marriage.  Respondent agrees that             
          petitioner is entitled to the dependency exemption deductions for           
          two of her children for the year at issue.  It is for these two             
          children that petitioner claims head of household filing status             
          and the earned income credit.                                               
               Although the two children did not live full time with                  
          petitioner during 2002, they spent time with him every year,                
          usually during the 3-month summer period when the children were             
          not in school.  Also, during the year, petitioner contributed               


               2(...continued)                                                        
          exemption deduction for the two children entitles petitioner to             
          the child tax credit under sec. 24.  Under sec. 24(c)(1), a                 
          qualifying child includes any individual who is a dependent under           
          sec. 151, has not attained the age of 17, and bears a                       
          relationship to the taxpayer, which includes a stepchild.  Sec.             
          24(c)(1)(A), (B), and (C).                                                  





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