David B. and Sharon J. D'Amours - Page 13

                                       - 12 -                                         
          reaches the age of majority in Massachusetts at 18 years of age.            
          Mass. Ann. Laws ch. 231, sec. 85P (LexisNexis 2000).  Once a                
          child is considered emancipated under State law, section                    
          152(e)(1) is inapplicable, and the general rule of section                  
          152(a) is controlling.                                                      
               As previously stated, section 152(a)(1) defines the term               
          “dependent” to include a taxpayer’s child, provided that more               
          than half of the child’s support was received from the taxpayer.            
          “Support” includes “food, shelter, clothing, medical and dental             
          care, education, and the like.”  Sec. 1.152-1(a)(2)(i), Income              
          Tax Regs.                                                                   
               The Court notes that to claim David B. D’Amours, Jr., as a             
          dependent, petitioners would have also had to show that David B.            
          D’Amours, Jr.’s, gross income for the 2002 calendar year was                
          less than the exemption amount of $3,000.  Sec. 151(c)(1).  As              
          shown below, we find that petitioner has not carried his burden             
          of proof in showing either the total support for David B.                   
          D’Amours, Jr., for taxable year 2002 or that he provided over               
          one-half of that support as required under section 152(a);                  
          therefore, we need not, and do not, decide whether David B.                 
          D’Amours, Jr.’s gross income for the 2002 calendar year was less            
          than the exemption amount of $3,000.                                        
               In determining whether an individual received more than                
          one-half of his or her support from the taxpayer, there shall be            






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

Last modified: May 25, 2011