Francis Z. Mischel - Page 11

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          Phillips v. Commissioner, 86 T.C. 433, 441 n.7 (1986), affd. in             
          part and revd. in part on other issues 851 F.2d 1492 (D.C. Cir.             
          1988).                                                                      
               In view of the foregoing, we sustain respondent's                      
          determination that petitioner's tax liability must be computed by           
          reference to the rates applicable to married individuals filing             
          separately and that petitioner is only entitled to a standard               
          deduction in the amount applicable to that filing status.                   
          Issue (3):  Claimed Dependency Exemption Deductions for                     
          Petitioner's Children                                                       
               Respondent does not contend that, as a matter of law,                  
          petitioner is not entitled to claim her children as dependents.             
          Rather, respondent contends that petitioner failed to                       
          demonstrate, during the examination stage of this case, "whether            
          or not these dependents were truly under her care and entitled to           
          dependent exemption."                                                       
               The record demonstrates, and we have found as a fact, that             
          petitioner provided the sole support for herself and her family             
          in 1992.  The record also demonstrates that Andre, Daphne, and              
          Melody resided with petitioner (and Mr. Mischel) in 1992, except            
          for that part of the year when Daphne or Melody may have been               
          away in college.  Under these circumstances, and in view of Mr.             
          Mischel's lack of financial resources, we hold that petitioner is           
          entitled to dependency exemption deductions for her children.               







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