Jean Erick Fortius - Page 3

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               Respondent determined a $9,303 deficiency in petitioner’s              
          2002 Federal income tax and a $1,982 addition to tax under                  
          section 6651(a)(1).  The issues for decision are:  (1) Whether              
          petitioner qualifies as a head of household; (2) whether                    
          petitioner is entitled to an earned income credit; (3) whether              
          petitioner can deduct $28,600 for business-related expenses; and            
          (4) whether petitioner is liable for an addition to tax under               
          section 6651(a)(1) for failure to file a timely tax return.1                
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioner resided in Orlando, Florida.                          
               Petitioner lived in Massachusetts in 2002 with his wife and            
          son.  Petitioner worked as a taxi cab driver that year and leased           
          a cab from a company in Boston.  Petitioner was responsible for             
          purchasing gasoline for the cab.                                            
               Petitioner and his wife did not file a joint 2002 Federal              
          income tax return.  Petitioner instead filed as a “head of                  
          household” and claimed an earned income credit with respect to              
          his son.  Petitioner reported the income and expenses related to            
          the taxi cab on Schedule C, Profit or Loss From Business.                   


               1 Adjustments not addressed in this opinion are                        
          computational.                                                              





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