- 3 - provided for certain holidays, birthdays, and vacations. The custody arrangement also provided that petitioner and Ms. Meier agreed to waive paying each other child support. On his 1999 Federal income tax return, petitioner claimed Kaislyn and Naleah as dependents. Petitioner filed as head of household for the taxable year 1999. He also claimed both children for purposes of the earned income credit. Respondent determined that for the taxable year 1999 petitioner was not entitled to claim Kaislyn and Naleah as dependents, that his filing status was single rather than head of household, and that he was not entitled to the earned income credit. Taxpayers generally bear the burden of proving that the Commissioner’s determination is incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Section 7491 does not apply in this case to place the burden of proof on respondent because petitioner neither alleged that section 7491 was applicable nor established that he fully complied with the substantiation requirements of section 7491(a)(2)(A). Section 151(c) allows a taxpayer to deduct an annual exemption amount for each dependent, as defined in section 152. Section 152(a) provides, in pertinent part, that a dependent includes an individual, such as a son or daughter, over one-half of whose support in the taxable year was from the taxpayer or isPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011