- 4 - the taxpayer. Sec. 32(c)(3)(B)(i)(III). An eligible foster child is defined in part as an individual who “the taxpayer cares for as the taxpayer’s own child”. Sec. 32(c)(3)(B)(iii)(II). Neither the Code nor the regulations define how a taxpayer cares for an individual as his or her own child. This Court has indicated that merely contributing financially to the support of an individual does not rise to the level of caring for the individual as one’s own child. See Mares v. Commissioner, T.C. Memo. 2001-216; Smith v. Commissioner, T.C. Memo. 1997-544. Respondent contends that petitioner did not care for any of his siblings as if that sibling were his own child. We disagree. The record shows that petitioner cared for his younger siblings in a parental capacity. In addition to being the primary source of financial support for the household as well as for each of his younger siblings,2 petitioner assumed the role of a father figure with respect to his younger siblings. Petitioner and his younger sister testified convincingly that petitioner and his mother jointly shared parental duties during the year in issue, and that petitioner conducted himself and cared for his siblings as though he were one of the parents in the household. He helped his siblings with homework at times, since his mother could not speak English and his father had left the household. He even had to explain personal hygiene to his younger sister because neither 2See supra note 1.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011