Matthew K. Morgan - Page 5




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          showing error in respondent’s determinations contained in the               
          notice of deficiency.2  Rule 142(a); Welch v. Helvering, 290 U.S.           
          111, 115 (1933).                                                            
               Section 151(c)(1) allows taxpayers to deduct an exemption              
          amount for each dependent as defined in section 152.  Under                 
          section 152(a), the term “dependent” means certain individuals              
          over half of whose support was received from the taxpayer during            
          the calendar year for which such individuals are claimed as                 
          dependents.  Eligible individuals who may be claimed as                     
          dependents include, among others, the mother of the taxpayer.               
          Sec. 152(a)(4).                                                             
               Section 151(c)(1) further provides, as a condition for the             
          dependency exemption, that the gross income of the dependent for            
          the taxable year must be less than the exemption amount for that            
          year, unless the claimed dependent is a child of the taxpayer               
          under the age of 19 (24 if the child is a student).  The                    
          exemption amount for 1997 is $2,650.  Rev. Proc. 96-59, 1996-2              

               2The Internal Revenue Service Restructuring and Reform Act             
          of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 685, 726, added              
          sec. 7491, which shifts the burden of proof to the Secretary in             
          certain circumstances.  Sec. 7491 is applicable to court                    
          proceedings arising in connection with examinations commenced               
          after July 22, 1998.  Petitioner does not contend that sec. 7491            
          is applicable to him.  Accordingly, the burden of proof is on               
          petitioner to show that respondent’s determinations are                     
          erroneous.  See Tamms v. Commissioner, T.C. Memo. 2001-201 (and             
          cases cited therein).  In any event, the application of sec. 7491           
          is precluded by petitioner’s failure to comply with the                     
          substantiation requirements of the Internal Revenue Code.  See              
          secs. 7491(a)(2)(A), 6001.                                                  





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