- 5 - Dependency Exemption Deduction Section 151 allows a deduction for exemptions provided by that section. Sec. 151(a). A taxpayer is allowed an exemption for each dependent, as defined in section 152, if the dependent, for the taxpayer’s calendar year, (1) has gross income less than the exemption amount, or (2) is a child of the taxpayer and has not attained the age of 19 or is a student who has not attained the age of 24. Sec. 151(c)(1). A dependent is an individual listed in section 152(a), over half of whose support is received from the taxpayer. Sec. 152(a). In order to qualify as a dependent, the individual must be related to the taxpayer in one of the ways enumerated in section 152(a)(1) through (8), or, if the individual is unrelated to the taxpayer, the individual must live with the taxpayer and be a member of the taxpayer’s household throughout the entire taxable year of the taxpayer. Sec. 152(a)(9); Trowbridge v. Commissioner, 268 F.2d 208 (9th Cir. 1959), affg. 30 T.C. 879 (1958); Turay v. Commissioner, T.C. Memo. 1999-315; Butler v. Commissioner, T.C. Memo. 1998-355; sec. 1.152-1(b), Income Tax Regs. We conclude that Rebekah and Michael are dependents of petitioner because they are the daughter and son, respectively, of petitioner, as shown by their birth certificates, and petitioner credibly testified that she provided more than half ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011