John S. Turay - Page 5




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          burden of proving that he or she is entitled to the claimed                 
          deduction.  See Rule 142(a); New Colonial Ice Co. v. Helvering,             
          292 U.S. 435, 440 (1934).                                                   
               Section 6001 requires that a taxpayer liable for any tax               
          shall maintain such records, render such statements, make such              
          returns, and comply with such regulations as the Secretary may              
          from time to time prescribe.  To be entitled to a deduction,                
          therefore, a taxpayer is required to substantiate the deduction             
          through the maintenance of books and records.                               
               1.  Dependency Exemption Deductions                                    
               The first issue for decision is whether petitioner is                  
          entitled to the claimed dependency exemption deductions for 1995            
          and 1996.  Section 151(c) allows a taxpayer to deduct an                    
          exemption amount for each dependent, as defined in section 152.             
          A dependent is defined as an individual, who is either a U.S.               
          citizen, national, or resident of the United States, over half of           
          whose support is received from the taxpayer.  See sec. 152(a),              
          (b)(3).  In order to qualify as a dependent, an individual must             
          also be related to the taxpayer in one of the ways enumerated in            
          section 152(a)(1) through (8).  An unrelated individual may also            
          qualify as a dependent of the taxpayer if, in addition to meeting           
          the above requirements, the unrelated individual lives with the             
          taxpayer and is a member of the taxpayer's household throughout             
          the entire taxable year of the taxpayer.  See sec. 152(a)(9);               





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