- 2 - Respondent determined a deficiency of $2,903 in petitioner’s 2004 Federal income tax. The issues for decision are: (1) Whether petitioner’s proper filing status is head of household, as petitioner contends, or married filing separately, as respondent contends, and (2) whether petitioner is entitled to claim an earned income credit. Background Some facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated by this reference. When the petition was filed, petitioner resided in Philadelphia, Pennsylvania. Respondent received petitioner’s 2004 Federal income tax return on April 15, 2005. Petitioner reported an earned income credit of $2,903, claimed two dependents,2 and reported his filing status as single. Respondent mailed to petitioner a notice of deficiency disallowing the earned income credit and determining a deficiency of $2,903. Respondent also changed petitioner’s filing status from single to married filing separately. Petitioner was legally married to Vera Ferko throughout 2004. At no time did petitioner and Mrs. Ferko have a legal separation. Petitioner, his spouse, and their four children 2 Petitioner claims to care for only two of his four children that live in the house while his wife cares for the other two children.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011