- 4 - undisputed that petitioner was married to Mr. Toney at the close of 2001. Under certain circumstances, in determining proper filing status, a married taxpayer may be treated as unmarried. Secs. 2(c), 7703(b). To qualify for this treatment, the taxpayer must, among other things, provide over half the cost of maintaining a household that is the principal place of abode for a child who qualifies as the taxpayer’s dependent (subject to certain exceptions not relevant here). Sec. 7703(b)(1). As previously discussed, petitioner’s children do not qualify as her dependents for 2001. Accordingly, petitioner cannot be treated as unmarried pursuant to section 7703(b), and petitioner’s proper filing status for 2001 is married filing separately. 3. Earned Income Credit To be eligible to claim an EIC, a married individual generally must file a joint return (or else satisfy the section 7703(b) requirements to be treated as unmarried). Sec. 32(d). Petitioner did not file a joint return. As just discussed, she does not qualify to be treated as unmarried pursuant to section 7703(b). Accordingly, we sustain respondent’s disallowance of the claimed EIC. Decision will be entered for respondent.Page: Previous 1 2 3 4
Last modified: May 25, 2011