- 11 - a member to contribute more to a common family fund than would be spent for his support and still be treated as not supporting himself. * * * [De La Garza v. Commissioner, 46 T.C. 446, 449 (1966), affd. per curiam 378 F.2d 32 (5th Cir. 1967); see also Meenk v. Commissioner, T.C. Memo. 1970-302.] Since the entire amount contributed by Geneva must first be applied toward her own support, petitioner must show that the amount of Geneva's Social Security benefits, for each year, was less than half of the amount expended for Geneva's support in each year, in order for petitioner to be entitled to a dependency exemption for Geneva for each year in question. In Blanco v. Commissioner, 56 T.C. 512, 514-515 (1971), this Court held that, in establishing that more than one-half of a dependent's support has been provided, a prerequisite to such a showing is the demonstration by competent evidence of the total amount of the dependent's support from all sources for that year. If the amount of total support is not established and cannot be reasonably inferred from competent evidence available to the Court, it is not possible to conclude that the taxpayer claiming the exemption provided more than one-half of the support of the claimed dependent. Petitioner failed to establish the total amount expended for Geneva's support from all sources for the relevant years, and, moreover, the Court is unable to reasonably infer this information from the evidence presented. Petitioner failed toPage: 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