- 3 - [Internal Revenue Service] shows that someone else is claiming this dependent for the same tax year.” Discussion The record in this case is sparse. There is no evidence of a court decree or similar document involving Shrader and ANS’s mother and covering the custody of ANS. Petitioner testified that she did not know where ANS resided during 2001 and did not know how much support her mother provided to her during 2001. Section 151 provides an exemption deduction for qualified dependents of a taxpayer in computing taxable income. A child of a taxpayer is generally a dependent of the taxpayer only if the taxpayer provides over half of the child’s support during the taxable year. Sec. 152(a). Because petitioner cannot prove the total amount of support for ANS provided during 2001, she cannot establish the basic qualification for the dependency exemption. See Beanco v. Commissioner, 56 T.C. 512 (1971). The reasonable inference from the stipulation that petitioners made child support payments for ANS to the State of Washington Division of Child Support and that petitioners did not know where ANS lived during the year in issue is that Shrader was not the custodial parent of ANS. Petitioner has not suggested that any of the requirements for a noncustodial parent to claim the dependency exemption have been satisfied. See generally sec. 152(e); King v. Commissioner, 121 T.C. 245, 248-249 (2003); DubyPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011