- 4 - proving that the Commissioner's determination of income tax deficiencies is incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Under section 7491, the burden of proof with respect to factual issues relevant to ascertaining the tax liability of the taxpayer may shift to the Commissioner in certain circumstances. Higbee v. Commissioner, 116 T.C. 438, 440-441 (2001). The issues in this case are questions of law, and the Court decides the issues without regard to the burden of proof. There is no dispute that petitioner's child is a "dependent" as defined in section 152 and the child received, during the year at issue, over half of his support from his parents. The issue here is which parent is entitled to the dependency exemption deduction. Where the parents are divorced and a child is in the custody of one or both parents for more than one-half of the calendar year, section 152(e)(1) allows the dependency exemption deduction to the "custodial parent". Section 1.152-4(b), Income Tax Regs., provides generally that the custodial parent is determined by the most recent decree of divorce in effect between the parties. In this case, there is no dispute that Mrs. Brettin was the custodial parent for their son. The noncustodial parent, however, is allowed a dependency exemption deduction under section 152(e)(2) if the custodial parent signs a writtenPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011