Benson B. Berry and Melissa Wells-Berry - Page 7

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          Although neither party alleges the applicability of section                 
          7491(a), we conclude that the burden of proof has not shifted to            
          respondent with respect to either the claimed dependency                    
          exemption deduction or the claimed child tax credit.  Therefore,            
          petitioner bears the burden of showing that he correctly claimed            
          both the dependency exemption deduction for BB along with the               
          child tax credit with respect to BB.                                        
          1.  Deduction for Dependency Exemption                                      
               A taxpayer may claim a dependency exemption for a child as             
          long as the child meets the statutory definition of “dependent”.            
          Secs. 151(c)(1), 152(a)(1).  Ordinarily, a taxpayer may claim a             
          child as a dependent for a particular calendar year only if the             
          taxpayer provides over half of the child’s support during that              
          calendar year.  See sec. 152(a).  However, special rules                    
          determine which parent may claim a minor child as a dependent               
          where the parents are divorced or separated.  See sec. 152(e).              
               Prior to 1985, the definition of dependent led to                      
          substantial controversy in cases involving divorced or separated            
          taxpayers because determining which parent provided over one-half           
          of a child’s support presented difficult issues of proof and                
          substantiation.  See H. Rept. 98-432 (Part 2), at 1498 (1984).              
          In 1984, Congress amended section 152(e) to simplify the rules              
          for determining which parent properly may claim the dependency              







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