- 11 - because they do not have a parent in common.11 Petitioner’s father and Peter Wuol’s mother’s marriage was dissolved, before petitioner and Peter Wuol were conceived. Notwithstanding the fact that a taxpayer may not be related to an individual through one of the relationships specified in section 152(a)(1)-(8), a taxpayer may be eligible under section 152(a)(9) for a dependency exemption if the claimed dependent has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household for the taxable year. Peter Wuol admitted that his wife and all his children resided with him at the 3921 E. San Miguel, Apt. 7, Colorado Springs, Colorado, address for all of 2003. Petitioner maintained an apartment separate from the Wuol family but failed to establish that either KGT or JTW resided with petitioner or were part of his household at petitioner’s 6 North 18th Street apartment. See Trowbridge v. Commissioner, 268 F.2d 208, 209 (9th Cir. 1959), affg. 30 T.C. 879 (1958); Douglas v. Commissioner, T.C. Memo. 1994-519, affd. without published opinion 86 F.3d 1161 (9th Cir. 1996). Petitioner’s contention that he spent considerable amounts of time in the children’s home and helped to pay for the rent on 11 Black’s Law Dictionary 206 (8th ed. 2004) defines a brother as a “male who has one parent or both parents in common with another person”. Specifically, a half brother is defined as a “brother who has the same father or the same mother, but not both”, and a stepbrother is defined as the “son of one’s stepparent”.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