- 19 - 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 thatPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011