Brian Montwillo - Page 6

                                        - 5 -                                         
          for his children for more than half the taxable year.  Sec.                 
          2(b)(1).                                                                    
               On the basis of all the evidence, we conclude that                     
          petitioner did not maintain a home that served as the principal             
          place of abode for the children for any part of 2001.  We sustain           
          respondent’s determination that petitioner’s proper filing status           
          for 2001 is single.2                                                        

                                                  Decision will be entered            
                                             for respondent.                          






















               2 Respondent has not raised and we do not consider any issue           
          as to whether petitioner’s proper filing status for 2001 should             
          be married filing separately.                                               





Page:  Previous  1  2  3  4  5  6  

Last modified: May 25, 2011