Vanessa K. Bernardo - Page 20

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               On brief, petitioner attempts to shift the blame for lack of           
          substantiation to respondent by arguing that “Respondent merely             
          had to substantiate this item for the record while the Tax                  
          Preparer [her former husband and Melissa’s father, Ronald                   
          O’Donnell] was sitting on the witness stand under Cross                     
          Examination by Respondent.”  But the burden is on petitioner, not           
          respondent, to substantiate petitioner’s deductions.  See sec.              
          7491(a)(2)(A); Rule 142(a).  Petitioner has not shown that she is           
          entitled to a $617 deduction for tax preparation fees.                      
          III.  Dependency Exemption for Melissa                                      
               Here, again, because petitioner has failed to introduce                
          credible evidence that she is entitled to a dependency exemption            
          for Melissa, she retains the burden of proof with respect to that           
          issue.  See sec. 7491(a)(1); Rule 142(a).                                   
               Section 151 allows deductions for personal exemptions.                 
          Besides providing exemptions for the taxpayer and, in certain               
          circumstances, the taxpayer’s spouse, section 151 provides                  
          exemptions for dependents of the taxpayer.  See sec. 151(c).                
          Section 152(a) defines the term “dependent”, in pertinent part,             
          to include a son or daughter of the taxpayer “over half of whose            
          support, for the calendar year * * * was received from the                  
          taxpayer”.  “Support” includes “food, shelter, clothing, medical            
          and dental care, education, and the like.”  Sec. 1.152-                     
          1(a)(2)(i), Income Tax Regs.  Assuming petitioner satisfies the             






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