- 5 - taxpayer is compared to the entire amount of support the individual received from all sources. Sec. 1.152-1(a)(2)(i), Income Tax Regs. In the present case, petitioner did not provide any documentary evidence to substantiate his self-serving testimony that he provided over half the support of his brother Bennard Kent during the years in issue. The Court is not required to accept petitioner’s self-serving testimony. Niedringhaus v. Commissioner, 99 T.C. 202, 212 (1992). We sustain respondent’s determination that petitioner is not entitled to dependency exemption deductions for the 1999 and 2000 taxable years for his brother Bennard Kent. 2. Filing Status To qualify for head of household, a taxpayer must satisfy the requirements of section 2(b). Under section 2(b), a taxpayer shall be considered a head of household if he or she is not married at the close of the taxable year, is not a surviving spouse, and, among other choices, maintains as his or her home a household which constitutes for more than half of such taxable year the principal place of abode, as a member of such household, of either an unmarried descendant of a son or daughter of the taxpayer, or any other person who is a dependent of the taxpayer if the taxpayer is entitled to a deduction for the taxable year for such person under section 151. Sec. 2(b)(1)(A); sec. 1.2-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011