Jose Corona - Page 5




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          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 the               






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