- 10 - was to blame for this error is both unconvincing and without merit.9 It is the taxpayer’s duty, and not his return preparer’s duty, to attach a valid Form 8332, or an equivalent written declaration, to the return at the time of filing; this failure prohibits the taxpayer from claiming a dependency exemption deduction for his or her minor child. See Presley v. Commissioner, T.C. Memo. 1996-553. Accordingly, we sustain respondent’s determination with respect to petitioner’s claimed dependency exemption deduction for A.V.N. only. Head of Household Filing Status Petitioner filed his 2003 return as head of household, and respondent determined that petitioner’s filing status was married filing separately in the notice of deficiency. Respondent’s determination was made on the ground that petitioner had not sufficiently established that he was not married to Ms. Neal in 2003. Section 1(b) imposes a special income tax rate on an individual filing as head of a household. Section 2(b) provides the requirements for head of household filing status. As relevant here, to qualify as a head of household, a taxpayer must (a) be unmarried at the end of the taxable year, (b) not be a surviving spouse, and (c) maintain as the taxpayer’s home a 9 Petitioner testified that he was not aware of the Form 8332 requirement until the time of trial.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008