Douglas G. Turnidge - Page 7

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          TIN is “the identifying number assigned to a person under section           
          6109.”  Sec. 7701(a)(41).  The SSN issued to an individual is the           
          identifying number, except as otherwise specified under                     
          applicable regulations.  Sec. 6109(d).  The regulations specify             
          that an individual required to furnish a TIN must use an SSN                
          unless the individual is not eligible to obtain an SSN or is                
          required to use an employer identification number.  Sec.                    
          301.6109-1(a)(1)(ii)(A), (B), and (C), Proced. & Admin. Regs.               
               This Court has held that the SSN requirement is the least              
          restrictive means of achieving the Government’s compelling                  
          interests in implementing the Federal tax system in a uniform,              
          mandatory way and in detecting fraud in regard to dependency                
          exemptions.  Miller v. Commissioner, 114 T.C. 511, 517-518                  
          (2000).  Without providing an SSN, a taxpayer cannot properly               
          claim a section 151 dependency exemption deduction for his                  
          children.  Id. at 513.  Petitioner does not dispute that he did             
          not file Federal income tax returns and did not provide an SSN              
          for Jessy for the years in issue.  Accordingly, we hold that                
          petitioner is not entitled to the dependency exemption deduction            
          for Jessy for the years in issue because he did not satisfy the             
          requirements of section 151(e).                                             
               Section 6651(a)(1) imposes an addition to tax for the                  
          failure to file a required return on or before the specified                
          filing date.  The addition to tax is 5 percent of the amount                






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