- 2 - any other court, and this opinion should not be cited as authority. Respondent determined a $1,997.40 deficiency in petitioner’s 2003 Federal income tax. The issues for decision are: (1) Whether petitioner qualifies as a head of household, and (2) whether petitioner is entitled to treat either of his children as a qualified child for purposes of the earned income credit.1 Background Some of the facts have been stipulated and are so found. At the time the petition was filed, petitioner resided in Shelburne Falls, Massachusetts. Petitioner and Lisa Marie DiBiccari (Ms. DiBiccari) married on June 29, 1991. They have two children, both of whom were minors during the year in issue (the children). In June 2002 petitioner, as the tenant, entered into a lease covering a large house, identified and referred to in the lease as “the premises”. Apparently, petitioner and the landlord who owned the house were involved in a personal relationship. The lease provides for a specific amount of rent petitioner was 1 Respondent’s pretrial memorandum indicates that petitioner’s entitlement to the child tax credit is also in dispute. A careful review of the notice of deficiency, however, shows that petitioner was allowed a greater child tax credit than claimed on his return. The additional child tax credit claimed on petitioner’s return was, contrary to a discussion on the point during trial, disallowed. The disallowance of the additional child tax credit is computational and need not be addressed in this opinion.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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