Daniel D. McBol Aruai - Page 8

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          further asserts that he is related to KGT and JTW because                   
          petitioner and the children’s father are essentially brothers by            
          virtue of their relation to their mutual half brother, Deng Bol,            
          and because people in southern Sudan are considered related when            
          they belong to the same tribe.                                              
               Respondent claims that petitioner’s claimed dependents do              
          not meet the definitional requirements of a dependent under                 
          section 151 and 152 or the prerequisites to be considered a                 
          “qualifying child” under section 24.9  Specifically, respondent             
          states that petitioner is not related to KGT or JTW under any of            
          the relationships described in section 152, that KGT and JTW did            
          not live with petitioner during the year in issue, and that                 
          petitioner has not established that he provided over half of the            
          support for KGT or JTW for the year in issue.                               
          II. Burden of Proof                                                         
               As a general rule, the Commissioner’s determination of a               
          taxpayer’s liability is presumed correct, and the taxpayer bears            
          the burden of proving that the determination is improper.  Rule             
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  Deductions           
          are a matter of legislative grace, and the taxpayer bears the               
          burden of proving that he is entitled to any claimed deductions.            


               9 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code (Code) in effect for the year in issue,           
          and all Rule references are to the Tax Court Rules of Practice              
          and Procedure.                                                              




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