Richard William Corduan - Page 5

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          equipment of $2,148.69, and unnamed other expenses of $6,241.45,            
          resulting in a net loss of $29,988.10.1                                     
                                     Discussion                                       
               Because petitioner failed to meet the requirements of                  
          section 7491(a), the burden of proof with respect to factual                
          issues relevant to the deficiency does not shift to respondent.             
          As to the accuracy-related penalty, respondent has the burden of            
          production; the burden of persuasion remains with petitioner.               
          See sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-447             
          (2001).                                                                     
          Dependency Exemption and Head of Household Filing Status                    
               A dependency exemption deduction is allowed under section              
          151(a) for a parent of a taxpayer only if, among other                      
          requirements, the taxpayer provides over half of the parent's               
          support for the year.  See secs. 151(c) and 152(a)(4).  A                   
          taxpayer is considered a head of household with respect to a                
          parent only if, among other requirements, the taxpayer maintains            
          a household which constitutes the principal place of abode of               
          that parent, and the taxpayer is entitled to a dependency                   
          exemption deduction for the parent for that taxable year.  See              
          sec. 2(b)(1)(B).  Although the taxpayer is not required to reside           
          with his parents for purposes of section 2(b), he must maintain             
          the household, which means that he must pay more than one-half              


               1The actual sum of the claimed items is $29,088.10.                    




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