Ralph W. Varner - Page 4

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          with any receipts that evidenced the amount of clothing or                  
          insurance expenses he incurred.                                             
                                     Discussion                                       
               The Commissioner's deficiency determinations in the notice             
          of deficiency are presumed correct, and generally taxpayers bear            
          the burden of proving that the Commissioner's determinations are            
          incorrect.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115              
          (1933).  In some cases, however, the burden may shift to the                
          Commissioner under section 7491(a).  Section 7491 does not apply            
          here because petitioner has failed to comply with the                       
          requirements of section 7491(a).                                            
          1.  Dependency Exemption Deductions                                         
               In general, section 151(c) allows a taxpayer to deduct an              
          exemption amount for each "dependent" as defined in section 152.            
          A dependent is defined as a son or daughter of the taxpayer "over           
          half of whose support, for the calendar year in which the taxable           
          year of the taxpayer begins, was received from the taxpayer (or             
          is treated under subsection (c) or (e) as received from the                 
          taxpayer)."  Sec. 152(a).                                                   
               The Court has previously held that section 152(e), Support             
          Test in Case of Child of Divorced Parents, applies to cases                 
          where the child's parents have never been married.  King v.                 
          Commissioner, 121 T.C. 245, 251 (2003).  In the case of a child             
          of parents who live apart at all times during the last 6 months             






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