Princess Stephan Obriot - Page 4




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          deduction for Ayla, a child care expense credit, and an earned              
          income credit for each of the tax years 1997 and 1998.                      
               Respondent issued a notice of deficiency for each of the               
          years 1997 and 1998.  Respondent disallowed the claimed                     
          dependency exemption deduction for each of the tax years on the             
          basis that petitioner failed to establish that she provided more            
          than one-half of Ayla’s support.  Respondent disallowed the                 
          claimed head-of-household filing status on the basis that                   
          petitioner failed to establish that she paid more than one-half             
          of the household expenses.  Respondent disallowed petitioner’s              
          child care credit for each of the years in issue because                    
          petitioner failed to establish that she maintained a household              
          and failed to substantiate the amounts paid.1  Finally,                     
          respondent disallowed petitioner’s earned income credit for each            
          of the years in issue on the ground that the Stephans’ modified             
          adjusted gross income was higher than petitioner’s in both 1997             
          and 1998.                                                                   
               The first issue for our consideration is whether petitioner            
          is entitled to a dependency exemption deduction for Ayla for each           
          of the years in issue.  A taxpayer is allowed a deduction for a             
          dependent, such as a daughter, for whom the taxpayer has provided           
          over one-half of her support.  Secs. 151(a), (c), and 152(a).               


               1  Respondent conceded that petitioner substantiated                   
          payments for child care in the amounts of $901 for 1997 and $275            
          for 1998.                                                                   




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