- 4 - of involuntary manslaughter and was sentenced to a 15-year prison term. He was incarcerated at or shortly after the sentencing date, and, throughout 1999, Brandon was an inmate at the Missouri Eastern Correction Center at either Pacific, Missouri, or the prison facility at Cameron, Missouri. Brandon, therefore, did not live with petitioner at any time during 1999. Petitioner claimed Brandon as a dependent on her 1999 Federal income tax return, which was disallowed by respondent on the ground that petitioner did not provide more than one-half of petitioner's support during the year in question. Petitioner was not required by the State of Missouri to provide or pay for any support for Brandon. Petitioner, however, voluntarily paid on a biweekly basis amounts to the prison, which were placed in an account for Brandon for his use in purchasing allowable incidentals not furnished or provided by the prison. Although petitioner did not substantiate the amounts she contributed for Brandon during 1999, she claims that, after he was incarcerated, she initially contributed $160 every 2 weeks but later reduced the contributions to $50 every 2 weeks. The Court assumes that, during 1999, petitioner's claimed contributions would have approximated $50 every 2 weeks, or $1,300. The Court concludes from the record that petitioner failed to establish that she provided more than half of Brandon'sPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011