- 255 - 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 forPage: Previous 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 Next
Last modified: May 25, 2011