- 11 - sec. 152(e) and the regulations concerning that section are inapplicable where both parents combined do not provide more than one-half the child’s total support during the year in question. In applying the support test, we evaluate the amount of support furnished by the taxpayer (or the taxpayer and his former wife in the case of divorced parents) as compared to the total amount of support received by the claimed dependent from all sources. Turecamo v. Commissioner, 554 F.2d 564, 569 (2d Cir. 1977), affg. 64 T.C. 720 (1975); sec. 1.152-1(a)(2)(i), Income Tax Regs. The taxpayer must initially demonstrate, by competent evidence, the total amount of support furnished by all sources for the taxable year at issue. Blanco v. Commissioner, 56 T.C. 512, 514 (1971). Otherwise, the taxpayer cannot be said to have established that he provided more than one-half of the support for the claimed dependent. Id. at 514-515. Support provided by a third party, such as a Federal or State agency, is not considered support furnished by the taxpayer. See, e.g., Gulvin v. Commissioner, 644 F.2d 2 (5th Cir. 1981), affg. T.C. Memo. 1980-111; Lutter v. Commissioner, 61 T.C. 685 (1974), affd. 514 F.2d 1095 (7th Cir. 1975); Williams v. Commissioner, T.C. Memo. 1996-126, affd. without published opinion 119 F.3d 10 (11th Cir. 1997). Petitioner reported total income of $10,698 on his 1998Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011