- 11 - Phillips v. Commissioner, 86 T.C. 433, 441 n.7 (1986), affd. in part and revd. in part on other issues 851 F.2d 1492 (D.C. Cir. 1988). In view of the foregoing, we sustain respondent's determination that petitioner's tax liability must be computed by reference to the rates applicable to married individuals filing separately and that petitioner is only entitled to a standard deduction in the amount applicable to that filing status. Issue (3): Claimed Dependency Exemption Deductions for Petitioner's Children Respondent does not contend that, as a matter of law, petitioner is not entitled to claim her children as dependents. Rather, respondent contends that petitioner failed to demonstrate, during the examination stage of this case, "whether or not these dependents were truly under her care and entitled to dependent exemption." The record demonstrates, and we have found as a fact, that petitioner provided the sole support for herself and her family in 1992. The record also demonstrates that Andre, Daphne, and Melody resided with petitioner (and Mr. Mischel) in 1992, except for that part of the year when Daphne or Melody may have been away in college. Under these circumstances, and in view of Mr. Mischel's lack of financial resources, we hold that petitioner is entitled to dependency exemption deductions for her children.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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