- 9 - 99-101 Robinson Street properties, and all of the expenses paid for the 18 Pleasant Avenue and RD 2, Box 133 and Box 134 properties, for a total of $6,037.08 in rental expenses for the 1991 taxable year. Additional Dependency Exemptions Petitioner claims he is entitled to dependency exemptions for his wife and two of his children who lived at home in 1991. The burden of proving error in the Commissioner's determination is on the taxpayer. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Section 151(b) provides that a taxpayer who does not file a joint return may claim a dependency exemption for a spouse if the spouse has no gross income and is not the dependent of another taxpayer for the year in question. Section 151(c) allows an exemption for each of a taxpayer's dependents, as defined in section 152, who is a child of the taxpayer under age 19 or, if a student, under age 24. A taxpayer's child who receives over one- half of the child's support from the taxpayer is a dependent. Sec. 152(a)(1). The fact that a taxpayer failed to file a tax return does not preclude him from claiming the dependency exemptions. Yoder v. Commissioner, T.C. Memo. 1990-116. In the instant case, Carole Ritter jointly owned the 53 Mary Street property and the 99-101 Robinson Street property with petitioner. She earned gross income in the form of rents received from Social Services for those properties. Accordingly,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011