- 3 - that for 2003 petitioner paid a “portion” of her brother’s support and provided him “a place of residence”. Petitioner also sent with the letter evidence that CC was enrolled in the Lane School during part of “grading period 5” and all of “grading period 6”. 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 deductions for two dependency exemptions for 2003 which respondent disallowed in the notice of deficiency. Section 151(c)(1) allows a taxpayer to deduct an exemption amount for each qualifying “dependent” whose income is under the exemption amount. A “dependent” means certain individuals, including a brother, over half of whose support for the year was received from or is treated as received from the taxpayer. Sec. 152(a). To qualify for a dependency exemption deduction, a taxpayer must establish the total support cost expended on behalf of a claimed dependent from all sources for the year and demonstrate 2Petitioner has not raised the issue of sec. 7491(a), which shifts the burden of proof to the Commissioner in certain situations. The Court concludes that sec. 7491 does not apply here because petitioner has not produced any evidence that establishes the preconditions for its application.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011