- 6 - Although neither party alleges the applicability of section 7491(a), we conclude that the burden of proof has not shifted to respondent with respect to either the claimed dependency exemption deduction or the claimed child tax credit. Therefore, petitioner bears the burden of showing that he correctly claimed both the dependency exemption deduction for BB along with the child tax credit with respect to BB. 1. Deduction for Dependency Exemption A taxpayer may claim a dependency exemption for a child as long as the child meets the statutory definition of “dependent”. Secs. 151(c)(1), 152(a)(1). Ordinarily, a taxpayer may claim a child as a dependent for a particular calendar year only if the taxpayer provides over half of the child’s support during that calendar year. See sec. 152(a). However, special rules determine which parent may claim a minor child as a dependent where the parents are divorced or separated. See sec. 152(e). Prior to 1985, the definition of dependent led to substantial controversy in cases involving divorced or separated taxpayers because determining which parent provided over one-half of a child’s support presented difficult issues of proof and substantiation. See H. Rept. 98-432 (Part 2), at 1498 (1984). In 1984, Congress amended section 152(e) to simplify the rules for determining which parent properly may claim the dependencyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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