- 4 - ACCORDING TO THE DOCUMENT YOU SENT US [the agreement], YOU COULD CLAIM YOUR CHILD SAMANTHA AS A DEPENDENT UNTIL SHE WAS 18 YEARS OLD. SINCE SHE IS 20 NOW, * * * WE CAN’T ALLOW YOU HER DEPENDENT EXEMPTION. During the relevant year, Samantha was a full-time student at the University of Miami, where she lived on campus. When not living at school, Samantha lived with her mother. Samantha never lived with petitioner during 1999. Discussion 1. Dependency Exemption Deduction for Samantha Respondent determined that the agreement allowed petitioner to claim Samantha as his dependent only until her 18th birthday. Respondent abandoned this determination on brief. Respondent’s sole argument on brief is that petitioner may not claim Samantha as a dependent because petitioner did not attach a copy of the agreement to his 1999 return. We reject respondent’s argument. Although petitioner’s 1999 return as electronically filed may not have included a copy of the agreement, respondent received the agreement shortly thereafter and in fact considered that agreement to be part of petitioner’s return. In fact, respondent even relied upon the agreement in arriving at the determination set forth in the notice of deficiency. We reverse respondent’s determination as to this issue.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011