- 6 - Head of Household Filing Status Section 1(b) grants a special tax rate for any individual who qualifies as filing as “head of household”. As pertinent here, “head of household” is defined in section 2(b) as an unmarried individual who maintains as his home a household that constitutes for more than one-half of the taxable year the principal place of abode for, inter alia, a son. Sec. 2(b)(1)(A). Petitioner has stipulated that Tyrone did not live with him during 2002. Similarly, on his Form 1040A, petitioner indicated that Tyrone did not live with him. Petitioner is not entitled to claim head of household filing status for 2002. Dependency Exemption At trial, petitioner insisted repeatedly that he had not claimed Tyrone as his dependent for 2002 and stated that he did not wish to claim Tyrone as his dependent. Accordingly, respondent’s brief does not address the dependency issue other than to note petitioner’s concession. In his answering brief, petitioner states incongruously that he “never conceded any such thing. I never claimed him as dependent”. Petitioner contends that “he is entitle [sic] to an exemption for my son even though this petitioner never claim [sic] him as a dependent for 2002, or the last twenty-five years, as well.” Insofar as we are able to understand petitioner’s position, he seems to believe that he is entitled to claim a $3,000Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011