Joseph Orlando Beckford - Page 4

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          credit, a child tax credit, or an additional child tax credit,              
          because he failed to substantiate his claims.                               
                                     Discussion                                       
               The Commissioner’s determinations are presumed correct, and            
          generally taxpayers bear the burden of proving otherwise.2  Rule            
          142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933).                    
          Dependency Exemption                                                        
               Petitioner claimed a dependency exemption for TW for 2003.             
          Respondent disallowed the deduction contending that petitioner              
          has failed to provide any substantiation that he provided more              
          than half of TW’s support during 2003.                                      
               Section 151(c)(1) allows a taxpayer to claim an exemption              
          deduction for each qualifying dependent.  A daughter of a sister            
          of the taxpayer is considered a “dependent” so long as the                  
          child’s gross income for the calendar year in which the taxable             
          year of the taxpayer begins is less than the exemption amount,              
          and more than half the child’s support for the taxable year was             
          received from the taxpayer.  Secs. 151(c)(1)(A), 152(a)(6).                 
               Although petitioner contends that he took care of TW in 2003           
          and that he provided more than half of TW’s support, he has                 
          failed to offer any records to corroborate his testimony.                   


               2Petitioner has not raised the issue of sec. 7491(a), which            
          shifts the burden of proof to the Commissioner in certain                   
          situations.  This Court concludes that sec. 7491 does not apply             
          because petitioner has not produced any evidence that establishes           
          the preconditions for its application.                                      




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