- 7 - move with her to San Diego. Instead, RW remained in Indiana, completed her eighth-grade year, then came to San Diego for the summer after the end of the school year. RW had expressed reservations about living in San Diego and convinced petitioner to allow her to remain in Indiana to attend high school for the next 4 years. Accordingly, petitioner did not maintain a principal place of abode for RW within the meaning of the statute. RW did not move to San Diego to live with petitioner permanently. RW did not consider petitioner’s home in San Diego as her principal place of abode; therefore, petitioner did not maintain her home as the principal place of abode for RW. A temporary absence, however, where the child fails to occupy the abode because of special circumstances, such as education or vacation, and where the child is absent for less than 6 months of the taxable year of the taxpayer, will not prevent the taxpayer from claiming the status of head of household. Sec. 1.2-2(c)(1), Income Tax Regs. A child’s absence will not prevent the taxpayer from being considered as maintaining a household if: “(i) it is reasonable to assume that the taxpayer or such other person will return to the household, and (ii) the taxpayer continues to maintain such household or a substantially equivalent household in anticipation of such return.” Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011