- 3 - declaration or Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, executed by Ms. Sulecki. On her 2001 Federal income tax return, Ms. Sulecki also claimed a dependency exemption for Paige for 2001 as well as a child and dependent care credit. Respondent disallowed petitioner's claimed dependency exemption and child tax credit. Discussion Respondent's deficiency determinations in the notice of deficiency are presumed correct, and generally petitioners bear the burden of proving that respondent's determinations of income tax deficiencies are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). As the return for 2001 was filed after July 22, 1998, section 7491(a) is applicable. Petitioner did not assert or present evidence or argument that he satisfied the requirements of section 7491(a). The Court concludes that resolution of the issues in the present case does not depend upon who has the burden of proof. 1. Dependency Exemption Deduction A taxpayer may be entitled to claim a dependency exemption deduction for each of his or her dependents. Sec. 151(c). An individual must meet the following five tests in order to qualify as a dependent of the taxpayer: (1) Support test, (2) relationship or household test, (3) citizenship or residency test, (4) gross income test, and (5) joint return test. Secs.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011