Domingo Perez - Page 3

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          the monthly rent, and petitioner paid Ms. Cuevas between $50 and            
          $100 each week to cover a portion of the rent and other expenses.           
               Also living in the household were Tirone Oscar Heredia                 
          (Tirone) and Leslie Ortiz.  Tirone was born in 1983 and was 13              
          years old in 1996.  Tirone is the son of Ms. Cuevas and the                 
          nephew of Brunilda Valerio.  Leslie Ortiz is petitioner's step-             
          father.                                                                     
               On his 1996 Federal income tax return, petitioner claimed              
          dependency exemptions for Tirone and Leslie Ortiz.  Petitioner              
          also claimed head-of-household filing status and an earned income           
          credit.  The Schedule EIC listed Tirone as petitioner's son.                
               The notice of deficiency disallowed (1) the claimed                    
          dependency exemption deductions, (2) the head-of-household filing           
          status, and (3) the claimed earned income credit.                           
                                       OPINION                                        
               Section 151(c) allows taxpayers to deduct an annual                    
          exemption amount for each "dependent", as defined in section 152.           
          Under section 152(a), the term "dependent" means certain                    
          individuals over half of whose support was received from the                
          taxpayer during the taxable year in which such individuals are              
          claimed as dependents.  Eligible individuals who may be claimed             
          as dependents include, among others, a "son or daughter of the              
          taxpayer, or a descendant of either".  Sec. 152(a)(1).  The term            







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