J.J. Zand - Page 181

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          152(b)(3), an individual, other than a child of the taxpayer, who           
          is not a citizen or national of the United States is excluded               
          from the definition of the term "dependent" unless the person is            
          a resident of the United States or of a country contiguous to the           
          United States.                                                              
               Section 1.871-2(b), Income Tax Regs., contains guidelines              
          for determining the residence of alien individuals and provides             
          that an alien whose stay in the United States is limited to a               
          definite period by immigration laws normally is not considered a            
          resident.  Section 1.871-4, Income Tax Regs., further contains a            
          presumption that aliens are nonresidents unless they have filed             
          declarations of their intention to become citizens, have filed a            
          Form 1078 or its equivalent, or have taken certain actions to               
          acquire residency.  There is no evidence in the record as to                
          whether Tara was a resident of the United States within the                 
          meaning of section 152(b)(3).  The only evidence is that she was            
          an adopted daughter of Dr. and Mrs. Daneshvari.                             
               There was apparently some concern by her legally adoptive              
          parents that Tara would be sent back to Iran, thus indicating               
          that she was not a U.S. citizen or had not taken any other                  
          actions required to establish residency.  See Camilo v.                     
          Commissioner, T.C. Memo. 1993-249.  We note that petitioner does            
          not claim that Tara is a U.S. citizen, but instead relies upon              
          the fact that she lived in the United States as the basis for               





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