- 6 - Finally, section 32 requires that a married individual must file a joint return with the individual's spouse for the year for which the credit is claimed. Sec. 32(d); sec. 1.32-2(b)(2), Income Tax Regs. For purposes of section 32(a), a taxpayer's marital status is determined under section 7703. Section 7703(b) provides, in pertinent part, that a married person whose spouse did not live with him for the last 6 months of the taxable year is not considered as married. Sec. 7703(b)(3). Petitioner testified that during 2002, he was married to a woman other than Ms. Johnson, but that his wife was not living with him. He failed, however, to present any other evidence other than his oral testimony that his wife did not live with him during the last 6 months of the year. The Court, therefore, concludes that petitioner was married during 2002. Since petitioner and his wife did not file a joint return, and petitioner’s earned income exceeds the phaseout amount, the Court concludes that he is not entitled to claim an earned income credit for 2002. 3. Head of Household Filing Status Section 1(b) imposes a special tax rate on individuals filing as head of household. As relevant herein, section 2(b) defines a “head of household” as an unmarried individual who maintains as his home a household that for more than one-half of the taxable year constitutes the principal place of abode of anPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011