Jean Claude Guerrier - Page 3




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          foster child claimed as a dependent.  See sec. 152(b)(2).  To                  
          demonstrate entitlement to the dependency exemption, a taxpayer                
          must substantiate the amount that he contributed toward the                    
          support of the claimed individual and the total amount spent in                
          support of the claimed individual.  See Gajda v. Commissioner, 44              
          T.C. 783, 785 (1965).                                                          
               Petitioner contends that in 1997 he gave money to Chanda’s                
          mother, Carola Jesula, for Chanda’s support.  Petitioner did not               
          have legal custody of Chanda during 1997.  Moreover, Chanda did                
          not reside in petitioner’s home during 1997.  Rather, petitioner               
          concedes that Chanda resided with her mother during 1997.                      
          Accordingly, petitioner’s home was not Chanda’s principal place                
          of abode during 1997.  Petitioner’s testimony also does not                    
          establish the amount that he contributed toward the support of                 
          Chanda or the total amount spent in support of Chanda.                         
               On the basis of the foregoing, we hold that petitioner is                 
          not entitled to claim Chanda as a dependent for 1997.                          
               Petitioner is not entitled to head of household filing                    
          status for 1997.  A taxpayer may be considered a head of                       
          household if, and only if, the taxpayer is not married at the                  
          close of the taxable year and maintains as his or her home a                   
          household which constitutes for more than one-half of such                     
          taxable year the principal place of abode for an unmarried                     
          descendant of the taxpayer or for another person who is a                      






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