Joseph Lee Marshall - Page 3




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          the year in issue, and all Rule references are to the Tax Court             
          Rules of Practice and Procedure.                                            
               Respondent determined a deficiency of $6,063 in petitioner’s           
          2005 Federal income tax.  The issues for decision are:  (1)                 
          Whether petitioner is entitled to dependency exemption deductions           
          for two children; (2) whether petitioner is entitled to a child             
          tax credit; (3) whether petitioner qualifies for head of                    
          household filing status; and (4) whether petitioner is entitled             
          to an earned income credit.                                                 
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioner resided in Baltimore, Maryland.                       
               From November 2004 through July 2005, petitioner lived in a            
          row house in Baltimore, Maryland, with his mother Ernestine                 
          Marshall (Ms. Marshall), his girlfriend Eunice Briscoe (Ms.                 
          Briscoe), and Ms. Briscoe’s two minor children, FA and AA.1                 
          Petitioner is not related to FA or AA by blood or marriage and              
          had not adopted FA or AA.  FA and AA’s biological father did not            
          provide any support for the children.  The row house was owned by           
          Ms. Marshall.  Neither petitioner nor Ms. Briscoe paid rent while           
          they lived in Ms. Marshall’s home; however, petitioner and Ms.              


               1 The Court uses initials when referring to minor children.            





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