- 11 - household that constitutes the principal place of abode of an unmarried son or daughter. Sec. 2(b)(1). Section 2(b)(1) clearly states that “an individual shall be considered a head of a household if, and only if, such individual is not married at the close of his taxable year”. Petitioner has the burden of proving that he was unmarried. Rule 142(a). The record is clear that petitioner was still married to Ms. Neal at the close of the taxable year 2003. First, both petitioner and Ms. Neal testified that they were still married as of the date of trial. Second, we are unconvinced from our review of the record before us that petitioner and Ms. Neal were separated and maintaining separate households during the year in issue. See secs. 2(c), 7703(b). Although the lease contained in the record specifies that all rents were to be paid to Ms. Neal, neither petitioner nor Ms. Neal produced any proof at trial that petitioner paid the rent on the Kenosha apartment. Petitioner did not produce any evidence that he paid any costs associated with the maintenance of the Kenosha apartment, including garbage collection costs, cable television, or telephone service.10 When asked by the Court why petitioner did not bring any proof of his residence in 2003 to Court, petitioner replied that he only brought those documents listed in a letter provided to 10 According to the lease, the rent for the unit covered all utilities. Cable, television, telephone, and garbage collection costs were the responsibility of the lessee.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008