- 4 - showing error in respondent’s determinations contained in the notice of deficiency.2 Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 151(c)(1) allows taxpayers to deduct an exemption amount for each dependent as defined in section 152. Under section 152(a), the term “dependent” means certain individuals over half of whose support was received from the taxpayer during the calendar year for which such individuals are claimed as dependents. Eligible individuals who may be claimed as dependents include, among others, the mother of the taxpayer. Sec. 152(a)(4). Section 151(c)(1) further provides, as a condition for the dependency exemption, that the gross income of the dependent for the taxable year must be less than the exemption amount for that year, unless the claimed dependent is a child of the taxpayer under the age of 19 (24 if the child is a student). The exemption amount for 1997 is $2,650. Rev. Proc. 96-59, 1996-2 2The Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 685, 726, added sec. 7491, which shifts the burden of proof to the Secretary in certain circumstances. Sec. 7491 is applicable to court proceedings arising in connection with examinations commenced after July 22, 1998. Petitioner does not contend that sec. 7491 is applicable to him. Accordingly, the burden of proof is on petitioner to show that respondent’s determinations are erroneous. See Tamms v. Commissioner, T.C. Memo. 2001-201 (and cases cited therein). In any event, the application of sec. 7491 is precluded by petitioner’s failure to comply with the substantiation requirements of the Internal Revenue Code. See secs. 7491(a)(2)(A), 6001.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011