- 8 - Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111, 115 (1933). Issue (1): Dependency Exemptions - 1993 and 1994 A taxpayer is allowed as a deduction an exemption for each dependent. Sec. 151(c)(1). A dependent is defined as an individual over half of whose total support is received from the taxpayer. Sec. 152(a). In order to qualify as a dependent, an individual must also be related to either the taxpayer in one of the ways enumerated in section 152(a)(1) through (8) or a member of the taxpayer's household within the meaning of section 152(a)(9). A son or daughter, or a stepson or a stepdaughter, of a taxpayer may qualify as a dependent. Sec. 152(a)(1) and (2). A child legally adopted by a taxpayer is treated as the taxpayer's child. Sec. 152(b)(2). A foster child is also treated as the taxpayer's child if such child is a member of the taxpayer's household within the meaning of section 152(a)(9). Id. Petitioner claimed dependency exemptions for Lynn, Bob, and Robin in 1993 and for James in 1994. Although petitioner identified these individuals on his returns as his children, he is not related to them by blood or marriage, nor is he their adoptive or foster father. Accordingly, petitioner must establish, inter alia, that these individuals were members of petitioner's household within the meaning of section 152(a)(9).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011