- 26 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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