- 4 - with Ms. Corona until mid-1998 or possibly after the end of the year. Petitioner also testified that Cathy lived with petitioner during all of 1997 and all of 1998, and that petitioner supported Cathy during this time. Ms. Corona, on the other hand, testified that both Cathy and Jose lived with her and were supported by her starting in September 1997 and throughout 1998. We do not find petitioner to be a credible witness because by admitting that Jose did not live with him throughout all of 1997 and 1998, as indicated on his tax returns, he has admitted that he provided false information on those returns. Furthermore, petitioner’s testimony was contradicted by the testimony of Ms. Corona, whom we find to be a more credible witness. We therefore accept Ms. Corona’s version of events. We find that Jose and Cathy lived with petitioner only until August 1997, and that they lived with and were supported by Ms. Corona after that time. Petitioner is not entitled to a dependency exemption deduction for either Cathy or Jose in 1998, because they were not supported by him during that year. Sec. 152(a). Petitioner likewise is not entitled to a dependency exemption deduction for either Cathy or Jose in 1997: We do not accept petitioner’s testimony that he supported the children during 1997 for the reasons stated above and because petitioner’s income level of $9,337 indicates the children likely had other sources of income. Because petitioner is not entitled to thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011