Terry U. Neal - Page 12




                                       - 12 -                                         

               Petitioner introduced a Judgment of the Fayette District               
          Court (paternity judgment), rendered on June 6, 1991, in                    
          connection with a paternity action brought by the Commonwealth of           
          Kentucky on behalf of Ms. Mosley, Adam, and Amanda requiring                
          petitioner to pay $100 per week for the support of Adam and                 
          Amanda.  The paternity judgment also required petitioner to                 
          obtain and maintain medical and dental insurance covering Adam              
          and Amanda and to pay one-half of any expenses not covered by               
          such insurance.  Additionally, the divorce decree provided that             
          petitioner pay Ms. Mosley $105 per week for the support of                  
          Nathan.  However, when questioned by the Court as to how much               
          total support he provided for the children, petitioner replied:             
          "I don't have that."                                                        
               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.                                                          







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011