Tobias G. Ogu - Page 27

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          clients for his computer and software business is too tenuous to            
          be persuasive.                                                              
               In view of the foregoing, we hold for respondent on this               
          issue.                                                                      
               C.  Issue 2.  Filing Status                                            
               On each of his returns for 1999 and 2000, petitioner listed            
          his filing status as head of household.  In the notice of                   
          deficiency, respondent changed petitioner’s filing status to                
          single.                                                                     
               As relevant herein, section 2(b)(1)(A)(i) provides that a              
          taxpayer shall be considered a head of a household if, and only             
          if, the taxpayer maintains as his home a household which                    
          constitutes for more than half of the taxable year the principal            
          place of abode, as a member of such household, of a son of the              
          taxpayer.                                                                   
               During each of the taxable years in issue, petitioner’s son            
          Chinedu N. Ogu lived with his mother for more than half of the              
          year.18  This living arrangement was consistent with the divorce            
          decree granting petitioner’s former spouse the right “to                    
          establish the legal residence of the child”.  Accordingly,                  



               18  At trial, the following colloquy between the Court and             
          petitioner occurred:                                                        
                    THE COURT:  All right.  Did we understand you to                  
               say that most of the time he stays with the mother?                    
                    PETITIONER:  Yes.  Most of the time he stays with                 
               the mother.  Sometimes he stays with me.                               





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