John Jeter - Page 4




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          benefits of approximately $300 per month.  Petitioner traveled to           
          North Carolina about four or five times a year to visit Ms.                 
          Williams and to maintain the Asheville residence.  During 1997              
          petitioner painted the Asheville residence.  Petitioner testified           
          that he provided financial support to Ms. Williams of                       
          approximately $200 per month during 1997.                                   
               On petitioner’s 1997 Federal income tax return, he claimed             
          dependency exemption deductions for the children and for Ms.                
          Williams and an earned income credit.  Respondent disallowed the            
          dependency exemption deductions because petitioner failed to                
          establish that he was entitled to claim them as dependents.  As a           
          result of the disallowance, respondent further disallowed the               
          earned income credit.                                                       
          Dependency Exemption                                                        
               Section 151(c) allows a taxpayer to deduct an annual                   
          exemption amount for each dependent of the taxpayer.  A                     
          taxpayer’s mother and children qualify as dependents so long as             
          the taxpayer provided more than half of the support to each                 
          dependent.  Sec. 152(a)(1), (4); sec. 1.152-1(a)(1), Income Tax             
          Regs.                                                                       
               As to the children, the support test in section 152(e)(1)              
          applies if:  (1) A child receives over half of his support during           
          the calendar year from his parents; (2) the parents live apart at           
          all times during the last 6 months of the calendar year; and (3)            





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