James Lee Moore - Page 4

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          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.                                      




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