- 20 - 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 thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011