James B. Golden, Jr. and Rayliene Golden - Page 4

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               According to petitioners, their accountant relied upon                 
          language in section 1.152-1(b), Income Tax Regs., that provides             
          that the period during the taxable year preceding the birth of an           
          individual does not prevent such individual from qualifying as a            
          dependent under section 152(a)(9).  The accountant concluded that           
          Miguel's situation fell within this exception to the requirement            
          that an individual must be a member of the taxpayer's household             
          for the entire taxable year.                                                
               We disagree.  The exception provided in section 1.152-1(b),            
          Income Tax Regs., clearly applies only to individuals born during           
          the taxable year.  Miguel was not born during 1995.  Since Miguel           
          was not a member of petitioners' household during the entire 1995           
          taxable year, we find that he does not qualify as petitioners'              
          dependent under section 152(a)(9).  Moreover, petitioners                   
          introduced no evidence of amounts paid for Miguel's support                 
          during 1995.  We find that they have failed to prove that they              
          provided more than half of Miguel's support during 1995.  Rule              
          142(a).                                                                     
               Accordingly, we hold that petitioners are not entitled to an           
          exemption deduction for Miguel for 1995.                                    
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             under Rule 155.                          






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