- 4 - determination is presumed to be correct, and petitioner must prove it wrong. Welch v. Helvering, 290 U.S. 111, 115 (1933). 1. Dependency Exemption Section 151(c) allows a taxpayer to claim as a deduction an exemption amount for each of his or her dependents. Sections 151 and 152 lay out the following five tests that a taxpayer must meet in order to claim another person as a dependent: (1) Support test, (2) relationship or household test, (3) citizenship or residency test, (4) gross income test, and (5) joint return test. If the taxpayer fails any of these tests, he or she may not claim the person as a dependent. As to the support test, the taxpayer must provide over half of a claimed dependent’s support for the calendar year in which the taxable year of the taxpayer begins. Sec. 152(a). The support test requires the taxpayer to establish the total support costs for the claimed individual and that the taxpayer provided at least half of that amount. Archer v. Commissioner, 73 T.C. 963, 967 (1980); see Cotton v. Commissioner, T.C. Memo. 2000-333; Gulvin v. Commissioner, T.C. Memo. 1980-111, affd. 644 F.2d 2 (5th Cir. 1981); Toponce v. Commissioner, T.C. Memo. 1968-101. A taxpayer who cannot establish the total amount of support costs for the claimed individual generally may not claim that individual as a dependent. Blanco v. Commissioner, 56 T.C. 512, 514-515 (1971); Cotton v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011