Joel Baker - Page 5

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          Consequently, petitioner is not entitled to claim his daughter as           
          a dependent for 1990.3                                                      
               With respect to petitioner's claim that he is entitled to a            
          dependency exemption for his mother in 1991, petitioner must                
          establish that he provided over half of her support for the year.           
          Petitioner presented no documentary evidence and only vague oral            
          testimony on this issue.  Furthermore, the record indicates that            
          Ms. Baker received Federal and State Government support, and                
          resided with petitioner's sister for 4 months during the year.              
          Petitioner has not met his burden of proving that he provided               
          more than half of the support for his mother.  Therefore, we                
          sustain respondent on this issue.                                           
          Filing Status in 19914                                                      
               We now address the question of whether petitioner is                   
          entitled to head-of-household filing status for 1991.  Based upon           


          3  Respondent first raised this issue in an amended answer.                 
          As such, respondent bears the burden of proof on this issue.                
          Rule 142(a).  Nevertheless, the facts in the record are clear               
          that petitioner is not entitled to the dependency exemption.                
          Accordingly, the burden of proof does not play a role with                  
          respect to this issue.                                                      
          4  Petitioner claimed head-of-household filing status on his                
          1991 return.  In the notice of deficiency, respondent determined            
          that petitioner, because he improperly claimed his daughter as a            
          dependent, was not entitled to head-of-household filing status.             
          Petitioner appears to have conceded both the dependency and                 
          filing status issues in his pretrial memorandum, and neither                
          party mentioned the issue during trial.  Under sec.                         
          2(b)(1)(A)(i), however, the issue of whether a parent may claim             
          an unmarried son or daughter as a dependent is not determinative            
          of whether that parent is entitled to head-of-household filing              
          status.  Given that petitioner is pro se, we do not accept his              
          apparent concession, which was based upon respondent's erroneous            
          legal analysis.                                                             


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