Karl V. Meier - Page 4




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          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 is            






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