- 5 - claim (1) a dependency exemption for Calesa, (2) head-of- household filing status, and (3) an EIC. Dependency Exemption Section 151(c) allows a taxpayer to deduct an exemption amount for each dependent, as defined in section 152. A dependent is an individual in one of the categories listed in section 152(a), over half of whose support is received from the taxpayer. Sec. 152(a). In order to qualify as a dependent, the individual must be related to the taxpayer in one of the ways enumerated in section 152(a)(1) through (8), or, if the individual is unrelated to the taxpayer, the individual must live with the taxpayer and be a member of the taxpayer’s household throughout the entire taxable year of the taxpayer. Sec. 152(a)(9); sec. 1.152-1(b), Income Tax Regs.; Trowbridge v. Commissioner, 268 F.2d 208 (9th Cir. 1959), affg. 30 T.C. 879 (1958); Turay v. Commissioner, T.C. Memo. 1999-315; Butler v. Commissioner, T.C. Memo. 1998-355. Although petitioner identified Calesa as his daughter on his 1997 return, he is not related to her by blood or marriage. Calesa did not live with petitioner during all, nor even the majority, of 1997. Accordingly, petitioner was not entitled to claim a dependency exemption for Calesa for 1997. Head of Household In order to qualify for head-of-household filing status,Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011