- 9 - New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). This includes the burden of substantiation. Hradesky v. Commissioner, 65 T.C. 87, 89-90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Although section 7491 may shift the burden of proof to respondent in specified circumstances, petitioner here has not established that he meets the requisites under section 7491(a)(1) and (2) for such a shift. III. Dependency Exemptions An exemption is generally allowed for every dependent of a taxpayer. Sec. 151(a), (c). Since KGT and JTW are not petitioner’s children, they are considered his dependents only if the definitional requirements of section 151(c) are met and each of their gross incomes for the taxpayer’s taxable year is less than the exemption amount. Section 152(a) defines a dependent as an individual for whom the taxpayer contributed over half of the support during the calendar year and who has one of the following relationships to the taxpayer: (1) A son or daughter of the taxpayer, or a descendent of either, (2) A stepson or stepdaughter of the taxpayer, (3) A brother, sister, stepbrother, or stepsister of the taxpayer, (4) The father or mother of the taxpayer, or an ancestor of either, (5) A stepfather or stepmother of the taxpayer, (6) A son or daughter of a brother or sister of the taxpayer, (7) A brother or sister of the father or mother of the taxpayer,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011