Juanita Carter - Page 9

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               Section 151(c)(1) further provides, as a condition for the             
          dependency exemption, that the gross income of the dependent for            
          the taxable year be less than the "exemption amount" for that               
          year, unless the claimed dependent is a child of the taxpayer               
          under the age of 19 (24 if the child is a student).2  Social                
          Security payments are not "income" within the meaning of section            
          151 unless the recipient is subject to section 86(a); however, in           
          determining whether a taxpayer contributed over half the support            
          of another, amounts of support paid by Social Security benefits             
          are considered.  See Black v. Commissioner, T.C. Memo. 1972-135.            
          Thus, for purposes of section 151, Geneva (petitioner's mother)             
          had no income for the year in question.  However, in determining            
          whether petitioner contributed over half of Geneva's support                
          during the relevant years, the Court must consider the Social               
          Security benefits received by Geneva in those years.                        
               Respondent agrees that petitioner would be entitled to a               
          dependency deduction for Geneva, but for the fact that petitioner           
          did not provide over one-half of Geneva's support during the                
          relevant years, as required by section 152.  Respondent contends            
          that Geneva's Social Security benefits exceeded one-half of the             
          amount spent for her support for each of the years at issue.                



          2     Under sec. 151(d)(1) and (4), the "exemption amount" was              
          $2,000 for 1989, $2,050 for 1990, $2,150 for 1991, and $2,300 for           
          1992.                                                                       




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