Elroy Smith - Page 7

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          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 are            






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