- 9 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011