Florence C. Blankson - Page 20




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          substantially complies with the requirements of being admitted.             
          Sec. 7701(b)(5)(D); sec. 301.7701(b)-(4), Proced. & Admin. Regs.            
               Petitioner did not establish that her sister became a                  
          resident of the United States in 1993 or 1994 under the foregoing           
          standards.  No evidence or argument was presented on Ms. Ofori’s            
          status as a legal resident, how many days she was present in the            
          United States during those years, or whether she was an exempt              
          individual.  Ms. Ofori attended vocational school but, on this              
          record, whether she met the definition of “student” was not                 
          established.  Further, the only evidence presented of                       
          petitioner’s support costs with respect to Ms. Ofori was a record           
          from a pharmacy.  All that is known is that Ms. Ofori, a grown              
          woman who was not a U.S. citizen, resided with petitioner while             
          attending trade school and later returned to her home in Ghana.             
          Ms. Ofori, by reason of her alienage, is legally presumed to be a           
          nonresident for purposes of the income tax, and that presumption            
          has not been rebutted.  Sec. 1.871-4, Income Tax Regs.  For the             
          foregoing reasons, the Court holds that petitioner is not                   
          entitled to a dependency exemption deduction for her sister for             
          1993 and 1994.                                                              
               The sixth issue is whether petitioner is entitled to a child           
          care expense credit under section 21 for 1995 with respect to her           
          daughter, Clara.  Section 21(a) generally provides for a credit             
          against the tax to any individual who maintains a household that            





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