- 4 - filing status was single, not head of household, and also disallowed the earned income credit. Dependency Exemption Section 151(c) allows a taxpayer to deduct an annual exemption amount for each dependent of the taxpayer. A “dependent” is defined in section 152(a) as an individual “over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer (or is treated under subsection (c) or (e) as received from the taxpayer)”. In order to prevail, petitioner must show by competent evidence: (1) The total support provided for each child, and (2) that he provided more than half of such total support. The amount of total support may be reasonably inferred from competent evidence. See Stafford v. Commissioner, 46 T.C. 515, 518 (1966). However, where the amount of total support of a child during the taxable year is not shown, and cannot be reasonably inferred from competent evidence, then it is not possible to conclude that the taxpayer has contributed more than one-half. See Blanco v. Commissioner, 56 T.C. 512, 515 (1971); Fitzner v. Commissioner, 31 T.C. 1252, 1255 (1959). Although we find petitioner’s testimony credible as to the amount he contributed to the children’s support, the record based solely on his contributions is incomplete. Petitioner was unable to reconstruct the dollar amount of the total support for thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011