Lakim Love Allah - Page 5

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          releasing his or her claim to the deduction, and the noncustodial           
          parent must attach the declaration to his or her tax return.  Id.           
               Each taxable year stands alone, and respondent may challenge           
          in a succeeding year what was condoned or agreed to in a former             
          year.  Rose v. Commissioner, 55 T.C. 28 (1970).  Thus, a taxpayer           
          must meet the requirements of sections 151 and 152 in any given             
          taxable year to be entitled to a dependency exemption deduction,            
          even if respondent did not challenge a similarly claimed                    
          deduction in a prior year.                                                  
               Respondent argues that petitioner is not the custodial                 
          parent of either of the children.  Petitioner argues that he                
          resided with both of his sons during the year in issue.  Because            
          petitioner has failed to offer any credible evidence concerning             
          the issue of where he and his children resided, petitioner bears            
          the burden of proving respondent’s disallowance of the deductions           
          to be in error.  Sec. 7491(a)(1); Rule 142(a).                              
               Petitioner testified that he resided in an apartment during            
          the year in issue with his two sons, with Ms. Clarke, and with              
          Ms. Clarke’s mother.  During this time and through the time of              
          trial, however, petitioner used his father’s address as his own             
          mailing address.  He testified that he kept this as his mailing             
          address because “you never know how things might work out.”                 
          Petitioner did not state a specific date when he moved into the             
          apartment, or state how long he remained there.  Petitioner                 






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