Lawrence K. Mudd - Page 10

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          Amy.  Amy was a full-time student at the University of Kentucky             
          during 1996, and during that year she turned 20 or 21 years old.            
               Petitioner and respondent have framed this issue to be                 
          whether Amy claimed a personal exemption deduction on her own               
          income tax return for 1996.  However, this fact is irrelevant in            
          ascertaining petitioner’s entitlement to the deduction.  Section            
          151 sets forth the requirements for a dependency exemption                  
          deduction.  A taxpayer generally is entitled to the deduction for           
          a dependent who is a child of the taxpayer, who is under 24 years           
          old, and who is a full-time student at a certain type of                    
          educational organization.  Sec. 151(a), (c)(1)(B)(ii), (c)(4)(A).           
          A child of a taxpayer is a dependent of the taxpayer if the                 
          taxpayer provides over half of the child’s support.  Sec.                   
          152(a)(1).  The dependency exemption deduction is not contingent            
          upon the dependent’s nonentitlement to a personal exemption                 
          deduction on her own return.  Sec. 151.3  We therefore hold that            
          petitioner is entitled to the dependency exemption deduction for            
          Amy in 1996.                                                                






          3There does exist a converse restriction, inapplicable to                   
          the case at hand, which provides that an individual is not                  
          entitled to a personal exemption deduction where a dependency               
          exemption deduction with respect that individual is allowable to            
          another taxpayer.  Sec. 151(d)(2).                                          




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