Joseph Allen Gingrich - Page 6




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          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.                                                        




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