- 4 - According to petitioners, their accountant relied upon language in section 1.152-1(b), Income Tax Regs., that provides that the period during the taxable year preceding the birth of an individual does not prevent such individual from qualifying as a dependent under section 152(a)(9). The accountant concluded that Miguel's situation fell within this exception to the requirement that an individual must be a member of the taxpayer's household for the entire taxable year. We disagree. The exception provided in section 1.152-1(b), Income Tax Regs., clearly applies only to individuals born during the taxable year. Miguel was not born during 1995. Since Miguel was not a member of petitioners' household during the entire 1995 taxable year, we find that he does not qualify as petitioners' dependent under section 152(a)(9). Moreover, petitioners introduced no evidence of amounts paid for Miguel's support during 1995. We find that they have failed to prove that they provided more than half of Miguel's support during 1995. Rule 142(a). Accordingly, we hold that petitioners are not entitled to an exemption deduction for Miguel for 1995. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4
Last modified: May 25, 2011