- 5 - 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)) receivesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011