- 9 - The level of support is determined by the support test, in which the total amount of support from all sources is compared with the amount of support actually provided by a taxpayer. The taxpayer must initially demonstrate, by competent evidence, the total amount of the support furnished by all sources for the taxable years at issue. See Turay v. Commissioner, T.C. Memo. 1999-315; Keegan v. Commissioner, T.C. Memo. 1997-511; sec. 1.152-1(a)(2)(i), Income Tax Regs. If the total amount of support is not established, then it is generally not possible to conclude that the taxpayer provided more than half of the support to the claimed dependents. See Blanco v. Commissioner, 56 T.C. 512, 514-515 (1971); Batson v. Commissioner, T.C. Memo. 2000-172; Butler v. Commissioner, T.C. Memo. 1998-355; Smith v. Commissioner, T.C. Memo. 1997-544. From a review of this record, we cannot conclude that either petitioner provided more than one-half of the support for any of the claimed dependents at issue. We are unsure as to the total amount of support each dependent received from all sources. The record is also silent as to the amount of support each dependent received from either of petitioners. Therefore, respondent’s determination is sustained. 2. Earned Income Credit Section 32(a) permits an “eligible individual” to claim an earned income credit against the individual’s income taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011