Heather Lee Comeau Sliwinski - Page 5

                                        - 4 -                                         
          Petitioner filed a timely petition disputing respondent’s                   
          determinations.                                                             
               After the petition was filed, petitioner filed an amended              
          tax return in which she claimed two of her biological children,             
          Rebekah and Michael, as dependents.  Petitioner received the                
          birth certificates and Social Security numbers for Rebekah and              
          Michael after she filed her original tax returns.  The birth                
          certificates state that Rebekah was born on October 27, 1998, and           
          Michael was born on October 30, 2000.                                       
                                     Discussion                                       
               At trial, petitioner conceded that she is not entitled to              
          dependency exemption deductions for her stepbrother and                     
          stepsister.  Petitioner, however, argues that she is entitled to            
          dependency exemption deductions for two of her biological                   
          children, Rebekah and Michael, and is entitled to the EIC.                  
          Petitioner bears the burden of proof.4  Rule 142(a).  As an                 
          initial matter, we found petitioner’s testimony to be credible.             





          notice of deficiency (i.e., Form 4549-CG-S, Income Tax                      
          Examination Changes; Form 886-A, Explanation of Items).  Further,           
          the notice of deficiency was issued on May 5, 2001.                         
               4  Petitioner did not argue that the burden of proof should            
          be shifted pursuant to sec. 7491(a).  Further, we do not find               
          that the resolution of this case depends on which party has the             
          burden of proof.  We resolve the issues on the basis of a                   
          preponderance of evidence in the record.                                    





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