Timothy E. Butler - Page 9

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               Section 1.152-1(b), Income Tax Regs., provides that section            
          152(a)(9) applies to an individual who lived with the taxpayer              
          and was a member of the taxpayer's household during the entire              
          taxable year of the taxpayer.  Because Lynn, Bob, and Robin did             
          not live with petitioner and were not members of petitioner's               
          household during the entire calendar year 1993, they do not                 
          qualify as petitioner's dependents for that year.  Accordingly,             
          we sustain respondent's determination on this matter.                       
               James may have lived with petitioner and may have been a               
          member of petitioner's household during the entire calendar year            
          1994.  Assuming arguendo that such was the case, James still does           
          not qualify as petitioner's dependent because petitioner failed             
          to establish that he provided more than half of James' support.             
               In applying the support test, we evaluate the amount of                
          support furnished by the taxpayer as compared to the total amount           
          of support received by the claimed dependent from all sources.              
          Turecamo v. Commissioner, 554 F.2d 564, 569 (2d Cir. 1977), affg.           
          64 T.C. 720 (1975); sec. 1.152-1(a)(2)(i), Income Tax Regs.  In             
          other words, in order to establish that the taxpayer provided               
          more than half of the claimed dependent's support, the taxpayer             
          must first show, by competent evidence, the total amount of                 
          support received by the claimed dependent from all sources during           
          the year in issue.  Otherwise, the taxpayer cannot be said to               
          have established that he or she provided more than half of the              
          support for the claimed dependent.  E.g., Blanco v. Commissioner,           




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