Gabriel M. Daya, et al. - Page 25




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          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.                                  




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