Daniel D. McBol Aruai - Page 9

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          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,                                                              







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