David B. and Sharon J. D'Amours - Page 8

                                        - 7 -                                         
          Commissioner, 122 T.C. 143, 168 (2004) (quoting Higbee v.                   
          Commissioner, 116 T.C. 438, 442 (2001)).  Section 7491(a)(1)                
          applies only if the taxpayer complies with substantiation                   
          requirements, maintains all required records, and cooperates                
          with reasonable requests by the Commissioner for witnesses,                 
          information, documents, meetings, and interviews.  Sec.                     
          7491(a)(2).  Although neither party alleges the applicability of            
          section 7491(a), we conclude that the burden of proof has not               
          shifted to respondent with respect to the issue in the present              
          case.                                                                       
               Moreover, deductions are a matter of legislative grace and             
          are allowed only as specifically provided by statute.  INDOPCO,             
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice              
          Co. v. Helvering, 292 U.S. 435, 440 (1934).                                 
          1.   ND and BD                                                              
               Section 151(a) authorizes deductions for the exemptions                
          provided by that section.  In particular, section 151(c)(1)                 
          provides an exemption for each of a taxpayer’s dependents, as               
          defined in section 152, who is a child of the taxpayer and who              
          has not reached the age of 19 by the close of the taxable year.             
          Sec. 151(c)(1)(B).                                                          




          3(...continued)                                                             
          Commissioner, T.C. Memo. 2004-199.                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011