Billie Booker - Page 4

                                        - 3 -                                         
          permission to care for their children and to claim those children           
          as dependents.                                                              
               Respondent issued a notice of deficiency determining that              
          petitioner is not entitled to claim head of household filing                
          status, dependency exemption deductions, or earned income credits           
          for 1997 because she failed to substantiate her claims.                     
                                     Discussion                                       
               Deductions are a matter of legislative grace, and taxpayers            
          must maintain adequate records to substantiate the amount of any            
          deductions or credits claimed.  Sec. 6001; INDOPCO, Inc. v.                 
          Commissioner, 503 U.S. 79, 84 (1992); sec. 1.6001-1(a), Income              
          Tax Regs.  Taxpayers generally bear the burden of proving that              
          the Commissioner’s determinations are incorrect.  Rule 142(a);              
          Welch v. Helvering, 290 U.S. 111, 115 (1933).  Section 7491 does            
          not apply because petitioner has failed to substantiate her                 
          deductions and provide credible evidence.                                   
          1.  Dependency Exemption Deductions                                         
               Section 151(c) allows a taxpayer to deduct an exemption                
          amount for each "dependent" as defined in section 152.  As                  
          relevant here, section 152(a) defines a dependent to include a              
          son or daughter of a sibling of the taxpayer or an individual,              
          other than a spouse, whose principal place of abode is the home             
          of the taxpayer and who is a member of the taxpayer's household             
          "over half of whose support, for the calendar year in which the             






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011