John J. DeWald - Page 5




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               In the statutory notice of deficiency, respondent changed              
          petitioner’s filing status to single, disallowed the dependency             
          exemption deductions, and disallowed the earned income credit.              
               The first issue for decision is whether petitioner is                  
          entitled to two dependency exemption deductions.                            
               Subject to various exceptions and limitations not applicable           
          here, a deduction generally may be allowed under section 151(a)             
          for each dependent of a taxpayer.  Sec. 151(a), (c)(1).  A                  
          taxpayer’s niece or nephew generally is a dependent of the                  
          taxpayer only if the taxpayer provides over half of the niece’s             
          or nephew’s support for the taxable year.  Sec. 152(a)(6).                  
               We are convinced that, during most of 1998, petitioner paid            
          various expenses for the children and had significant                       
          responsibility in caring for them.  However, petitioner has                 
          failed to provide the Court with any significant corroborative              
          evidence showing that he provided over half their support during            
          that year.  A major component of the children’s support was their           
          housing, but because petitioner was residing in his sister’s                
          apartment for which he paid no rent, the rental charge for the              
          apartment was provided by a source other than petitioner.  See              
          sec. 1.152-1(a)(2)(i), Income Tax Regs.  Furthermore, petitioner            
          only resided with Brianna and Cody for 9 to 10 months during                
          1998, and presumably was providing for none of their support                
          during the remaining 2 to 3 months.  Based on the record before             






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