- 3 - because of illness. Consequently, during 2003, petitioner paid the full costs of supporting S.L.B., including the costs of housing, clothing, food, personal hygiene, transportation, and school supplies.3 Discussion Petitioner contends that he and Ernestine Bethel entered into a common law marriage before 2003 and, consequently, that S.L.B. was his stepchild during 2003. Accordingly, petitioner contends that he is entitled to a dependency exemption, head-of- household filing status, and an earned income tax credit.4 We first address the alleged common law marriage of Ernestine Bethel and petitioner.5 South Carolina recognizes the common law marriage of two parties who contract to be married. Callen v. Callen, 620 S.E.2d 59, 62 (S.C. 2005). Such an agreement may be inferred from the facts and circumstances. Id. In Callen, the South Carolina Supreme Court stated that the “fact finder is to look for mutual assent: the intent of each party to be married to the other and a mutual understanding of each 3Although S.L.B. remained on the health plan of Ernestine Bethel, S.L.B. does not appear to have incurred any health- related expenses during 2003. 4We decide the instant case on the record without regard to the burden of proof and sec. 7491. 5Petitioner does not contend and has offered no evidence that he is S.L.B.’s biological father, her adoptive father, her stepfather, or her foster parent.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011