Jerry Washington - Page 4

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          as his “common law wife”.3  Ms. Lloyd also has three children.              
          During 2003, one of the children, I.L., resided solely with                 
          petitioner and Ms. Lloyd.  The other two children resided with              
          Ms. Lloyd’s mother.  I.L. was 14 in 2003 and attended school full           
          time.  Petitioner and Ms. Lloyd provided all of I.L.’s support              
          during the year at issue.                                                   
               Petitioner filed timely his 2003 Federal income tax return             
          electronically.  Petitioner filed as head-of-household and also             
          claimed the section 32 earned income credit.  Finally, petitioner           
          claimed dependency exemptions for both I.L. and Ms. Lloyd, which            
          respondent conceded at trial.                                               
               With respect to the first issue, the claimed head-of-                  
          household filing status for the year 2003, section 2(b) defines a           
          head-of-household as an individual taxpayer who (1) is not                  
          married at the close of the taxable year and (2) maintains as his           
          home a household that constitutes for more than one-half of the             
          taxable year the principal place of abode of any person who is a            
          dependent of the taxpayer, if the taxpayer is entitled to a                 
          deduction for such person under section 151.  Sec.                          
          2(b)(1)(A)(ii).  As noted earlier, petitioner was not legally               

               3Louisiana, petitioner’s State of residence, does not                  
          recognize the doctrine of common-law marriage.  La. Civ. Code               
          Ann. art. 87 (1999); Liberty Mut. Ins. Co. v. Caesar, 345 So. 2d            
          64 (La. Ct. App. 1977).  Petitioner, therefore, for purposes of             
          this case, is treated as unmarried.  Von Tersch v. Commissioner,            
          47 T.C. 415, 419 (1967); Rev. Rul. 58-66, 1958-1 C.B. 60.                   





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