- 3 - 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.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011