Juanita Carter - Page 12

                                       - 12 -                                         

          satisfy her burden of proving that she provided over one half of            
          Geneva's support during any of the relevant years.  On this                 
          record, the Court holds that petitioner is not entitled to a                
          dependency exemption for Geneva during any of the relevant years.           
               The same holds for petitioner's brothers, John, Albert, and            
          Pierce.  Petitioner produced no evidence to show their total                
          support for any of the years in which they were claimed as                  
          dependents.  Petitioner made estimates of these amounts; however,           
          not one of her estimates was corroborated by any documentary                
          evidence.  Petitioner admitted that at least two of her brothers,           
          Albert and John, earned some amounts of money during the relevant           
          years.  Moreover, for the period from March 19, 1990, to July 3,            
          1991, petitioner did not provide their housing because, during              
          that period, petitioner did not own the home her mother and the             
          brothers occupied because that property had been acquired by the            
          St. Louis airport authority.  Additionally, John's earned income            
          was $3,912, $4,060, $4,080, and $4,080, respectively, for 1989,             
          1990, 1991, and 1992.  Thus, his income was greater than the                
          "exemption amount" provided in section 151(c)(1), and that factor           
          alone precludes petitioner's entitlement to a dependency                    
          exemption for him.  See supra note 2.                                       
               With respect to petitioner's brother Pierce, who was claimed           
          as a dependent only for 1991, petitioner also provided no                   
          evidence as to his total support, nor did she present any                   





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011