Rafael Barajas - Page 5




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         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.                                                     





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