- 9 - Section 1.152-1(b), Income Tax Regs., provides that section 152(a)(9) applies to an individual who lived with the taxpayer and was a member of the taxpayer's household during the entire taxable year of the taxpayer. Because Lynn, Bob, and Robin did not live with petitioner and were not members of petitioner's household during the entire calendar year 1993, they do not qualify as petitioner's dependents for that year. Accordingly, we sustain respondent's determination on this matter. James may have lived with petitioner and may have been a member of petitioner's household during the entire calendar year 1994. Assuming arguendo that such was the case, James still does not qualify as petitioner's dependent because petitioner failed to establish that he provided more than half of James' support. In applying the support test, we evaluate the amount of support furnished by the taxpayer as compared to the total amount of support received by the claimed dependent from all sources. Turecamo v. Commissioner, 554 F.2d 564, 569 (2d Cir. 1977), affg. 64 T.C. 720 (1975); sec. 1.152-1(a)(2)(i), Income Tax Regs. In other words, in order to establish that the taxpayer provided more than half of the claimed dependent's support, the taxpayer must first show, by competent evidence, the total amount of support received by the claimed dependent from all sources during the year in issue. Otherwise, the taxpayer cannot be said to have established that he or she provided more than half of the support for the claimed dependent. E.g., Blanco v. Commissioner,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