-3- Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and petitioner bears the burden of proving that he is entitled to any deduction claimed. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, supra at 115. 1. Dependency Exemptions Respondent determined that petitioner is not entitled to claim any dependency exemptions other than for himself. Section 151(c)(1) allows a taxpayer to claim an exemption for each dependent (as defined by section 152) whose gross income is less than the exemption amount or who is a child of the taxpayer and meets certain age requirements. Section 152(a)(1) provides that the term "dependent" includes a taxpayer's child "over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer (or is treated under subsection (c) or (e) as received from the taxpayer)". In the case of a child whose parents live apart at all times during the last 6 months of the calendar year, generally the custodial parent (i.e., the parent having custody of the child for the greater portion of the calendar year) is treated as providing over one-half of the support of the child. Sec. 152(e)(1). An exception to this general rule exists, however, where the custodial parent signs a written declaration that such custodial parent will not claim such child as a dependent, andPage: Previous 1 2 3 4 5 6 7 8 Next
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