Antonio O. Neal - Page 13




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          him by respondent, and that had he known that the Court would               
          require proof of his residence in Kenosha, he would have brought            
          those documents with him.                                                   
               The burden of refuting respondent’s determinations rests               
          with petitioner.  Rule 142(a)(1).  It is not respondent’s duty to           
          ensure that petitioner is aware of the evidence that he or she              
          may need to present before the Court.  Further, petitioner                  
          received a Standing Pretrial Notice from the Court which informed           
          petitioner to “organize” and “present all documents” at trial               
          pertinent to his case.  Petitioner was aware that both his                  
          marital status and place of residence in 2003 were at issue in              
          this case.11  It follows, therefore, that petitioner has not met            
          his burden in refuting respondent’s determination with respect to           
          his marital status for 2003.                                                
               Accordingly, and based on the foregoing, we hold that                  
          petitioner is not entitled to head of household filing status for           
          the taxable year 2003.  Respondent’s determination on this issue            
          is sustained.                                                               
          Earned Income Credit                                                        
               As previously stated, petitioner claimed an earned income              
          credit for 2003 with A.O.N. and A.V.N. as the qualifying                    


               11 As grounds for review, the petitioner lists on his                  
          petition to the Court that he “filed a true and complete tax                
          return” and that he and his wife “were separated” and living                
          apart during the year in issue.                                             





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