Antonio O. Neal - Page 3




                                        - 2 -                                         
          the year in issue, and all Rule references are to the Tax Court             
          Rules of Practice and Procedure.                                            
               Respondent determined a deficiency of $2,598 in petitioner’s           
          2003 Federal income tax and an accuracy-related penalty of                  
          $519.60 under section 6662.  After concessions,1 the issues for             
          decision are:  (1) Whether petitioner is entitled to dependency             
          exemption deductions for his two minor children, (2) whether                
          petitioner is entitled to head of household filing status, (3)              
          whether petitioner is entitled to the earned income credit, (4)             
          whether petitioner is entitled to the additional child tax                  
          credit, and (5) whether petitioner is liable for the accuracy-              
          related penalty under section 6662.                                         
                                     Background                                       
               The stipulation of facts and the attached exhibits are                 
          incorporated herein by reference.  At the time the petition was             
          filed, petitioner resided in Kenosha, Wisconsin.                            
               Petitioner is self-employed as a general contractor.                   
          Petitioner runs a small contracting business under the name “The            
          Untouchables”.  Petitioner has two children:  A.O.N. and A.V.N.2            


               1 At trial, respondent conceded that there was no wage                 
          income of $2,430 or scholarship or grant income of $961 received            
          by petitioner, as determined in the notice of deficiency.                   
          Respondent also conceded that petitioner was engaged in a trade             
          or business and therefore, was entitled to a $15,000 loss                   
          reported on his Schedule C, Profit or Loss From Business.                   
               2 The Court uses initials when referring to minor children.            





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