- 2 - related penalty under section 6662(a) in the amount of $567. At trial, respondent conceded the accuracy-related penalty under section 6662(a). The remaining issues for decision are: (1) Whether petitioner is entitled to any dependency exemption deductions; (2) whether petitioner is entitled to claim head of household filing status; and (3) whether petitioner is entitled to an earned income credit. Some of the facts have been stipulated and are so found. Petitioner resided in San Mateo, California, at the time the petition was filed. During 1993, petitioner was married to Tali Manukainiu and had four children: Antonio, Naufahu, Soane, and Ofa. Petitioner and her husband were not legally separated in 1993. On her 1993 Federal income tax return, petitioner claimed her son Antonio, her 34-year-old brother Fuiva Liu, and her parents as dependents. Petitioner's husband claimed their three other children as dependents on his return. During 1993, petitioner's brother and father were United States residents, and each had Social Security numbers. Neither filed a return for the 1993 tax year. The determinations of the Commissioner in a notice of deficiency are presumed correct, and the burden is on the taxpayer to show that the determinations are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011