Derrick Elkins - Page 6

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          citizen, national, or resident of the United States, over half of           
          whose support is received from the taxpayer.  See sec. 152(a) and           
          (b)(3).  In order to qualify as a dependent, an individual must             
          also be related to the taxpayer in one of the ways enumerated in            
          section 152(a)(1) through (8), or be an unrelated individual who            
          lives with the taxpayer and is a member of the taxpayer’s                   
          household throughout the entire taxable year of the taxpayer.               
          See sec. 152(a)(9); Trowbridge v. Commissioner, 268 F.2d 208 (9th           
          Cir. 1959), affg. 30 T.C. 879 (1958); McMillan v. Commissioner,             
          31 T.C. 1143, 1145-1146 (1959); Turay v. Commissioner, T.C. Memo.           
          1999-315, affd. per order (D.C. Cir., May 23, 2000); sec. 1.152-            
          1(b), Income Tax Regs.                                                      
               In the present case, petitioner claimed dependency exemption           
          deductions with respect to four individuals during the years in             
          issue.  Of these four, only Jaleshia was related to petitioner as           
          his daughter.  See sec. 152(a)(1).  For the remaining three                 
          individuals who were not related to petitioner, Ms. Pressley and            
          Tyra did not live with petitioner during the entire taxable year            
          of 1999, and Ms. Stackhouse did not live with petitioner during             
          the entire taxable year of 2000.  Accordingly, they do not                  
          qualify as dependents within the meaning of section 152(a)(9).              
               Section 152(e)(1) provides a special support test in which             
          the custodial parent is entitled to the dependency exemption                
          deduction “if a child (as defined in section 151(c)(3)) receives            






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