- 4 - the exemption provided more than one-half of the support for the claimed dependent. Id. at 514-515. Petitioner failed to establish that he provided more than one-half of the total support of his sons that lived with him. See Rule 142(a).2 On his 1999 Federal income tax return petitioner reported total income of $17,415. In contrast his parents reported total income exceeding $100,000 for the same year. Petitioner and his two sons lived in petitioner’s parents’ home for the entire year 1999. Petitioner has failed to establish either the total amount of support that petitioner’s sons received from all sources or the amount of support that they received from petitioner. Other than alleged receipts for his monthly rent payments of $300 to his parents, the only evidence of support that petitioner presented to the Court was his unsubstantiated testimony that he provided “100 percent” of the support of his sons. He presented no checks to substantiate his alleged payments. He had no grocery receipts or receipts for alleged payments for clothing, and he admitted that he made no payments for his sons’ entertainment. The receipts that petitioner introduced concerning supposed payments of rent to his mother all appear to have been prepared and signed at the same time. Petitioner’s mother did not testify about the payments. 2 Sec. 7491(a) does not shift the burden of proof to respondent in this case because petitioner has not presented credible evidence concerning the support of his sons and has failed to provide substantiation of his claims of payments for their support and benefit. Sec. 7491(a)(1).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011