Fedner Francois Tovar - Page 5




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               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.                                                              









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