- 6 - foregoing reasons, we hold that petitioner is entitled to a dependency exemption deduction for the 2003 tax year pursuant to section 152(a)(9). Head-of-Household Filing Status Section 1(b) provides a special tax rate for an individual filing as a head of household. As relevant herein, section 2(b)(1) defines “head of household” as an unmarried individual who maintains as his home a household that for more than one-half of the year constitutes the principal place of abode of a dependent of the taxpayer. However, section 2(b)(3)(B) provides that a taxpayer is not considered to be a head of household by reason of an individual who would not be a dependent for the taxable year but for section 152(a)(9) (relating to persons not related to the taxpayer).7 Because petitioner is not related to S.L.B., we conclude that she would not be a dependent of petitioner but for section 152(a)(9). Consequently, pursuant to section 2(b)(3)(B), we hold that petitioner is not entitled to head-of-household filing status. Earned Income Credit Section 32(a) provides an earned income tax credit to eligible individuals. Section 32(b) prescribes different 7The Working Families Tax Relief Act of 2004, sec. 202(b)(2), 118 Stat. 1175, amended sec. 2(b)(3)(B)(i), effective for tax years beginning after Dec. 31, 2004.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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