- 3 - Department of Labor in the amount of $1,694. Petitioner’s mother worked full time during the year in issue and received minimum wage from a local hotel. Chantel did not work during the year in issue, however she did receive some public assistance. The record is incomplete as to the expenses incurred and paid by the household. The expenses for support of the household were shared between petitioner’s mother, petitioner, and Chantel. The amount of the expenses relating to support of Ileane and Janiah is unclear as is the allocation of support of the household between petitioner’s mother, petitioner, and Chantel. Petitioner did, however, treat Ileane and Janiah as his own children in providing some support and caretaking. On his 2002 Federal income tax return petitioner reported wage income of $9,359 and unemployment compensation of $1,694. Petitioner claimed dependency exemption deductions for Ileane and Janiah, an earned income credit, and child tax credits, and computed his tax using head-of-household status rates. In the notice of deficiency, respondent disallowed the claimed dependency exemption deductions, the earned income and child tax credits, and adjusted the filing status to single. Discussion The burden of proof is on petitioner. Section 7491 may shift the burden of proof to the Commissioner under certain circumstances. Petitioner has not established that he compliedPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011