- 5 - Respondent disallowed the head-of-household filing status because petitioner did not have a dependent. Discussion Generally, the burden of proof is on the taxpayer. Rule 142(a)(1).4 1. Dependency Exemption Deductions A taxpayer is allowed a deduction for a dependent over half of whose support for the calendar year was received from the taxpayer. Secs. 151(c)(1), 152(a). A dependent includes a child of the taxpayer who has not attained the age of 19 by the close of the calendar year. Secs. 151(c)(1)(B)(i), 152(a)(1); sec. 1.152-1(a)(1), Income Tax Regs. The term “support” includes food, shelter, clothing, medical and dental care, education, and the like. Sec. 1.152-1(a)(2)(i), Income Tax Regs. The total amount of support for each of the 4 The burden of proof may shift to the Commissioner under sec. 7491 if the taxpayer establishes that he introduced credible evidence and complied with the requirements of sec. 7491(a)(2)(A) and (B) to substantiate items, maintain required records, and fully cooperate with the Secretary’s reasonable requests. Sec. 7491 is effective with respect to Court proceedings arising in connection with examinations by the Commissioner commencing after July 22, 1998, the date of its enactment by sec. 3001(a) of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, 112 Stat. 726. Petitioner’s return for the 2000 year was filed timely after the effective date of sec. 7491; therefore, the examination necessarily commenced after the effective date of sec. 7491. It appears that petitioner has introduced credible evidence and satisfied the requirements of sec. 7491; and respondent bears the burden of proof; nevertheless, we are deciding this case on the basis of the record.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011