pk
Level 15
Level 15

Deductions & credits

@Enemias, Title 26, IRC A.1.A.I.2  Defiles Head of Household under  section b (1) A as follows-->  ( only those items applicable to the case at hand :(

1. In general for purposes  of this subtitle , an individual shall be considered  head of household  if, and only if , such individual is not married at the close of the taxable year, is not a surviving spouse  …... 

(A) Maintains as his home a household for more than  one-half taxable year the principal  abode , as a memebr of household of 

                                (I) a qualifying child of the individual  ( as defined  in section 152(c)) determined without regard to section 152(e) .....

 

Section 152(c)  defines Qualifying child as:

                           (1)  In general the term Qualifying Child  means  with respect to any taxpayer , for any taxable year, an individual--

                                      (A) who bears  a relationship to the tax payer ….

                                      (B) who has the same  principal place of abode  as the taxpayer for more than one-half of such taxable year 

                                        (C)  who meets the age requirement s....

                                        (D) who has not provide over one-half of such individual's own support ….

                                         (E)who has not filed  a joint return .….

 Thus in my considered opinion, your father definitely can claim Head-of-Household with the proviso that he meets all the conditions called out above.  

The purpose of the special rules for divorced parents  (Section 152(e) ) is for the express purpose of allowing  divorced parents to equitably access/ distribution  of  the dependency  ( which requires residency ) , child credit, EITC etc. and has nothing  do with whether a child can be a qualifying child of one or the other parent.

The requirement  for parents to live apart for at least the last six moths of a year  is for the express purpose of the inclusion of parents who are not divorced but live apart ( considered un married  )

 

The fact that two single parents live under the same roof ( while may be unusual )  and with their children,  cannot be  used against them , at least for tax purposes. 

I rest my case