- 25 - lodging as support. See Pierce v. Commissioner, supra, 66 T.C. at 849-850; Livingston v. Commissioner, T.C. Memo. 1976-211. If the claimed dependent is the owner of the premises in which the taxpayer resides rent free, the sum of the taxpayer’s contributions toward the support of the claimed dependent should be offset against the value of the lodging furnished to the taxpayer. See Hahn v. Commissioner, 22 T.C. 212, 215 (1954). To determine the value of the lodging provided to a claimed dependent, the fair rental value of lodging should be divided equally among the members of a household if all members of the household have free access to the entire home. See Tourte v. Commissioner, supra. During 1995, Mahmoud and Fuad were the sole holders of legal title to the Foster City residence. The record does not provide any evidence from which we could conclude that Gabriel had equitable or beneficial ownership of the residence in 1995. See infra. Mahmoud, therefore, provided at least half of the fair rental value of the residence toward the support of his family in 1995.13 See Gilliam v. Commissioner, 429 F.2d 570, 571 (4th Cir. 1970), affg. per curiam T.C. Memo. 1969-188; Livingston v. Commissioner, supra. Thus, not only is Mahmoud’s contribution of 13 Although we make no such finding, there is some evidence in the record suggesting that Fuad may have held bare legal title to the Foster City residence such that Mahmoud should be credited with full ownership of the residence. See Trans v. Commissioner, T.C. Memo. 1999-233; Uslu v. Commissioner, T.C. Memo. 1997-551; Conroy v. Commissioner, T.C. Memo. 1958-6.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011