Shaun Dion Brandon - Page 7

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               In order to prevail, petitioner must show by competent                 
          evidence:  (1) The dependent claimed satisfies the definitional             
          requirements provided in section 152(a) (the relationship                   
          requirement); (2) the amount of total support provided for the              
          child claimed, and (3) that he provided more than half of such              
          support (taken together, the support requirement).  See secs.               
          151(c)(1)(A), 152(a).                                                       
               The claimed individual satisfies the definitional                      
          requirement of “dependent” within the meaning of section 152(a)             
          under the relationship test as the nephew of petitioner.  Sec.              
          152(a)(6).  Accordingly, the remaining issue is whether the                 
          petitioner provided more than one-half of his nephew’s total                
          support for 2003.                                                           
               “Support” may include:  food, shelter, clothing, medical and           
          dental care, education, etc.  See sec. 1.152-1(a)(2)(i), Income             
          Tax Regs.  The amount of total support provided by the taxpayer             
          may be reasonably inferred from competent evidence.  See Stafford           
          v. Commissioner, 46 T.C. 515, 518 (1966).  However, where an                
          actual amount of total support of a child during the taxable year           
          is not shown and cannot be reasonably inferred from competent               
          evidence, then it is not possible to conclude that the taxpayer             
          has contributed more than one-half.  See Blanco v. Commissioner,            
          56 T.C. 512, 515 (1971); Fitzner v. Commissioner, 31 T.C. 1252,             
          1255 (1959).                                                                






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