- 5 - Respondent has not challenged petitioner’s contention that the children lived with him for 7 months during the year at issue. Section 152(e) provides a special support test in the case of divorced parents or parents who have never been married. See King v. Commissioner, 121 T.C. 245, 250 (2003). Under section 152(e), if both parents together provide over half of the support of a child, the parent having custody of the child for the greater portion of the taxable year is entitled to the dependency exemption for such child. The Court is satisfied that petitioner and the children’s mother provided over half the support for their children during the year at issue. Because the children resided with petitioner for 7 months, he had custody of them for the greater portion of the year and, consequently, he satisfies the requirements of section 152(e). On the facts presented at trial, the Court holds that petitioner is entitled to the dependency exemption deductions for his three children. The second issue is whether petitioner is entitled to head- of-household filing status for the year at issue. Section 2(b) provides generally that an individual shall be considered a head-of-household if, among other requisites not pertinent here, such individual maintains as his home a household that constitutes for more than one-half of such taxable year the principal place of abode, as a member of such household, of an unmarried son or daughter of the taxpayer. Petitioner satisfiesPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011