- 6 - for the claimed individual generally may not claim that individual as a dependent. Blanco v. Commissioner, 56 T.C. 512, 514-515 (1971); Cotton v. Commissioner, supra. Petitioner testified that DS resided with his mother, Yvonne, during taxable year 2003. However, petitioner claims that DS resided at petitioner’s house when petitioner was home and that he provided DS with food and shelter. As previously stated, petitioner’s house was located on a plot of land adjacent to Yvonne’s residence. Petitioner, a long-distance truck driver, was on the road 3 consecutive weeks at a time, then returned to his residence for 3 days, and then went back on the road. Petitioner testified that when he was at his residence he spent 50 percent of his time with his nephew, DS. Giving petitioner the benefit of the doubt and taking petitioner upon his word, we conclude that DS could have only resided with petitioner for about 50 days during taxable year 2003. Petitioner further testified that he supported his nephew, DS. Petitioner stated that he would send checks to his mother, Lydia Smith. She then would cash the checks and give the money to Yvonne to pay for DS’s expenses. Petitioner claims that he paid for DS’s car, automobile insurance, shoes, clothing, and other necessities during taxable year 2003. Petitioner has offered into evidence copies of checks which he claims were support payments for DS. However, the checks arePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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