- 11 -
Because we do not disturb respondent’s determination when
the only evidence offered to refute it consists of petitioner’s
self-serving testimony and affidavits that the expenses claimed
are correct and accurate, we sustain respondent’s determination
disallowing petitioners’ claimed Schedules A, C, and F expenses
for 1999 and 2000. Geiger v. Commissioner, T.C. Memo. 1969-159
(citing Halle v. Commissioner, 7 T.C. 245, 247 (1946), affd. 175
F.2d 500 (2d Cir. 1949)), affd. 440 F.2d 688 (9th Cir. 1971).
Dependency Exemption
Section 151(a) and (c)(1) allows a taxpayer to claim a
personal exemption for each dependent. In order to be entitled
to the deduction, the taxpayer must show that the person for whom
a dependency exemption is claimed meets the statutory definition
of “dependent”. See sec. 152(a)(1). Although petitioners
claimed that they were entitled to a dependency deduction for a
child on their 2000 amended return, petitioners did not introduce
any credible evidence to establish that the child satisfied the
definition of dependent under section 152. Consequently, we
sustain respondent’s determination disallowing the dependency
exemption petitioners claimed for a child for 2000.
Section 6651(a) Addition to Tax
Section 6651(a) imposes an addition to tax for failure to
file a return in the amount of 5 percent of the tax liability
required to be shown on the return for each month during which
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011