Nathan Andrew Poehlein - Page 10

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          executed a Form 8332 for either child.  We find that petitioner             
          did not attach a Form 8332 to his return.  Petitioner therefore             
          is not entitled to dependency exemption deductions for AP and GP            
          in 2002.  See secs. 151(a), (c), and 152(a).  Respondent’s                  
          determination on this issue is sustained.                                   
          2.  Head-of-Household Filing Status                                         
               Section 1(b) imposes a special income tax rate on an                   
          individual filing as head of household.  As relevant herein,                
          section 2(b) defines a “head of household” as an unmarried                  
          individual who maintains as his or her home a household which               
          constitutes for more than one-half of the taxable year the                  
          principal place of abode of a child of the taxpayer.  Sec.                  
          2(b)(1)(A)(i).                                                              
               As previously stated, petitioner did not live with Ms. Harpe           
          and the children in 2002.  Accordingly, petitioner is unable to             
          establish that his residence constituted the principal place of             
          abode for AP or GP for more than one-half of the taxable year.              
          Petitioner therefore is not entitled to head-of-household filing            
          status, and respondent’s determination on this issue is                     
          sustained.                                                                  
          3.  Earned Income Credit                                                    
               Subject to certain limitations, an eligible individual is              
          allowed a credit which is calculated as a percentage of the                 
          individual’s earned income.  Sec. 32(a)(1).  Earned income                  






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