Chue Y. Her - Page 7

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               Although petitioner testified that she has never been                  
          married to Mr. Her, she filed a return as married, filing                   
          jointly, with Mr. Her, for the taxable years 1996, 1997, and                
          2000.  Mr. Her received his Form W-2 statements and unemployment            
          benefits at petitioner’s residence in 2001.  A 2003 property                
          transfer record recites that petitioner was a “married woman”.              
          The evidence leads the Court to conclude that petitioner was                
          married in 2001, despite her testimony to the contrary.  Under              
          section 7703(b)(3), a taxpayer who maintains as a home a                    
          household that constitutes the principal place of abode for more            
          than one-half of the year of a child for whom the taxpayer is               
          entitled to a deduction under section 151 is deemed to be “not              
          married” if, during the last 6 months of the year at issue, the             
          other spouse did not reside with the taxpayer.  As previously               
          discussed, petitioner did not establish that she maintained a               
          household or that she is entitled to the dependency exemptions.             
          Petitioner, therefore, does not satisfy the requirements of                 
          section 7703(b).  The Court holds that petitioner is not entitled           
          to the earned income credit because she failed to file a joint              
          return with Mr. Her.                                                        
               Section 21(a) generally provides allowance for a credit                
          against the tax to any individual who maintains a household that            
          includes as a member one or more qualifying individuals.  The               
          term “qualifying individual”, under section 21(b), includes a               






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