Timothy E. Butler - Page 8

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          Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290               
          U.S. 111, 115 (1933).                                                       
               Issue (1): Dependency Exemptions - 1993 and 1994                       
               A taxpayer is allowed as a deduction an exemption for each             
          dependent.  Sec. 151(c)(1).  A dependent is defined as an                   
          individual over half of whose total support is received from the            
          taxpayer.  Sec. 152(a).  In order to qualify as a dependent, an             
          individual must also be related to either the taxpayer in one of            
          the ways enumerated in section 152(a)(1) through (8) or a member            
          of the taxpayer's household within the meaning of section                   
          152(a)(9).                                                                  
               A son or daughter, or a stepson or a stepdaughter, of a                
          taxpayer may qualify as a dependent.  Sec. 152(a)(1) and (2).  A            
          child legally adopted by a taxpayer is treated as the taxpayer's            
          child.  Sec. 152(b)(2).  A foster child is also treated as the              
          taxpayer's child if such child is a member of the taxpayer's                
          household within the meaning of section 152(a)(9).  Id.                     
               Petitioner claimed dependency exemptions for Lynn, Bob, and            
          Robin in 1993 and for James in 1994.  Although petitioner                   
          identified these individuals on his returns as his children, he             
          is not related to them by blood or marriage, nor is he their                
          adoptive or foster father.  Accordingly, petitioner must                    
          establish, inter alia, that these individuals were members of               
          petitioner's household within the meaning of section 152(a)(9).             






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