- 6 - defines a “head of household” as an unmarried individual who maintains as his or her home a household that for more than one- half of the taxable year constitutes the principal place of abode of an unmarried child, sec. 2(b)(1)(A)(i), or any other individual for whom the taxpayer is entitled to a deduction under section 151, sec. 2(b)(1)(A)(ii). Respondent determined that petitioner is not entitled to section 151 dependency exemption deductions for ZJ, JO, AR or Ms. Onorati in 2002. The record demonstrates that the principal place of abode for each of the children was the home of each of their respective mothers, not petitioner’s home. Therefore, petitioner is not entitled to head of household status as to any of the children. Additionally, petitioner was not entitled to a section 151 deduction for Ms. Onorati, and it has not been established that he maintained the household, since he lived with his mother. The Court sustains respondent’s determination that petitioner is not entitled to claim head of household filing status for 2002. 3. Child Tax Credits A taxpayer may be entitled to a credit against tax with respect to each “qualifying child”. Sec. 24(a). The plain language of section 24 establishes a three-pronged test to determine whether a taxpayer has a qualifying child. If one of the qualifications is not met, the claimed child tax credit mustPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011