Elroy Smith - Page 6

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          1.  Deduction for Dependency Exemption                                      
               As previously stated, petitioner claimed a dependency                  
          exemption deduction for DS on his 2003 Federal income tax return.           
          Respondent disallowed the deduction in the notice of deficiency.            
               Section 151 allows deductions for exemptions for dependents            
          of the taxpayer.  See sec. 151(c).  Section 152(a) defines the              
          term “dependent”, in pertinent part, to include a son or daughter           
          of a brother or sister of the taxpayer over half of whose                   
          support, for the calendar year was received from the taxpayer.              
          “Support” includes “food, shelter, clothing, medical and dental             
          care, education, and the like.”  Sec. 1.152-1(a)(2)(i), Income              
          Tax Regs.                                                                   
               In determining whether an individual received more than one-           
          half of his or her support from the taxpayer, there shall be                
          taken into account the amount of support received from the                  
          taxpayer as compared to the entire amount of support which the              
          individual received from all sources.  Id.  In other words, the             
          support test requires the taxpayer to establish the total support           
          costs for the claimed individual and that the taxpayer provided             
          at least half of that amount.  Archer v. Commissioner, 73 T.C.              
          963, 967 (1980); see Cotton v. Commissioner, T.C. Memo. 2000-333;           
          Gulvin v. Commissioner, T.C. Memo. 1980-111, affd. 644 F.2d 2               
          (5th Cir. 1981); Toponce v. Commissioner, T.C. Memo. 1968-101.  A           
          taxpayer who cannot establish the total amount of support costs             






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