Harvey Taylor - Page 5

                                        - 4 -                                         
          benefits and welfare payments paid for the child’s benefit.                 
          Lutter v. Commissioner, 61 T.C. 685 (1974), affd. per curiam 514            
          F.2d 1095 (7th Cir. 1975); sec. 1.152-1(a)(2)(i), Income Tax                
          Regs.                                                                       
               Petitioner was unable to provide estimates concerning the              
          portion of the children’s expenses which he paid during 1997.               
          Petitioner did testify, however, that he paid $291 in child                 
          support every 2 weeks.1  This would equal approximately $7,566 in           
          1 year.  Ms. White, on the other hand, testified that she                   
          received between $583 and $1,200 in monthly wages,2 in addition             
          to the $1,500 per month in welfare and Social Security payments.            
          Disregarding the uncertain amount of wage income, Ms. White still           
          received approximately $18,000 in 1 year from welfare and Social            
          Security.  Thus, even if we accept petitioner’s estimate of the             
          amount of his child support payments, the children nevertheless             
          received a significantly greater amount of support from sources             
          other than petitioner.  Furthermore, petitioner admitted that he            
          did not make routine payments for expenses in excess of the child           
          support payments.  On the basis of these facts, we find that                
          petitioner did not provide over half of the children’s support              


          1The exact amount of the support which Ms. White actually                   
          received is unclear.  Ms. White testified that she received less            
          than this amount because she was on welfare at that time.                   
          2While Ms. White first testified that she received $1,200 in                
          monthly “earned income”, she later testified that her yearly                
          income from her employment was “less than $7,000.”                          




Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011