- 3 - statutory notice of deficiency determining that petitioner’s filing status was single rather than head of household. Respondent also determined that petitioner was not entitled to a dependency exemption deduction or an earned income credit, because he had failed to substantiate his claims. Discussion The Commissioner’s determinations are presumed correct, and generally taxpayers bear the burden of proving otherwise.3 Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). Head of Household Petitioner claimed “head of household” filing status for 2003. In the notice of deficiency, respondent determined petitioner’s filing status to be single. Section 1(b) imposes a special tax rate on individuals filing as “heads of households”. “Head of household” is defined in section 2(b) as an unmarried individual who maintained as his home a household which constitutes for more than one-half of the taxable year the principal place of abode for specific family members. See sec. 2(b)(1)(A)(i). Petitioner testified that TH lived with him mostly on the weekends. During the weekdays, TH lived with her mother, because 3Petitioner has not raised the issue of sec. 7491(a), which shifts the burden of proof to the Commissioner in certain situations. This Court concludes that sec. 7491 does not apply because petitioner has not produced any evidence that establishes the preconditions for its application.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011