- 4 - 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. PetitionerPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011