- 4 - 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 beforePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011