Norman W. Brissett - Page 4

                                        - 4 -                                         
          of Claim to Exemption for Child of Divorced or Separated Parents,           
          executed by Ms. Brissett.  Petitioner asked Ms. Brissett to sign            
          a Form 8332 for the taxable year 2000, but she refused to do so.            
          Respondent, in a notice of deficiency dated April 23, 2002,                 
          disallowed the deduction for dependency exemptions for                      
          Jacquelynne and Dominic for the 2000 taxable year.                          
                                       OPINION                                        
               As the return for 2000 was filed after July 22, 1998,                  
          section 7491(a) is applicable.  Petitioner did not assert nor               
          present evidence or argument that he satisfied the requirements             
          of section 7491(a).  We conclude that resolution of the issue               
          whether petitioner is entitled to the deduction for dependency              
          exemptions does not depend upon who has the burden of proof.                
               A taxpayer may be entitled to claim as a deduction an                  
          exemption amount for each of his or her dependents.  Sec. 151(c).           
          An individual must meet the following five tests in order to                
          qualify as a dependent of the taxpayer:  (1) Support test, (2)              
          relationship or household test, (3) citizenship or residency                
          test, (4) gross income test, and (5) joint return test.  Secs.              
          151 and 152.  If the individual fails any of these tests, he or             
          she does not qualify as a dependent.                                        
               As to the support test, a taxpayer generally must provide              
          more than half of a claimed dependent’s support for the calendar            
          year in which the taxable year of the taxpayer begins.  Sec.                






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011