Antonio O. Neal - Page 12




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          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.                                





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