- 3 - Ms. Hardeman provided respondent with a written statement that petitioner was the guardian of the children. In that same statement, Ms. Hardeman admitted that the children’s school records indicate that Ms. Hardeman is their mother and show her address as the children’s address. Petitioner does not have any legal documents showing that she had legal guardianship of the children. Petitioner, who resided in the home of her former husband’s grandmother, did not provide any testimony or evidence regarding sums she may have spent to care for Eric and Cassandra. Additionally, petitioner was not employed from October 1999 through the end of the year because she had been injured. Respondent issued a notice of deficiency determining that petitioner is not entitled to claim head of household filing status, the dependency exemption deductions, or any of the credits applicable to the children for 1999 because she failed to substantiate her claims. Discussion Deductions are a matter of legislative grace, and taxpayers must maintain adequate records to substantiate the amounts of any deductions or credits claimed. Sec. 6001; INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); sec. 1.6001-1(a), Income Tax Regs. Taxpayers generally bear the burden of proving that the Commissioner’s determinations are incorrect. Rule 142(a);Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011