- 13 - taken into account the amount of support received from the taxpayer as compared to the entire amount of support which the individual received from all sources. Id. In other words, the support test requires the taxpayer to establish the total support costs for the claimed individual and that the taxpayer provided at least half of that amount. Archer v. Commissioner, 73 T.C. 963, 967 (1980); see Cotton v. Commissioner, T.C. Memo. 2000-333; Gulvin v. Commissioner, T.C. Memo. 1980-111, affd. 644 F.2d 2 (5th Cir. 1981); Toponce v. Commissioner, T.C. Memo. 1968-101. A taxpayer who cannot establish the total amount of support costs for the claimed individual generally may not claim that individual as a dependent. Blanco v. Commissioner, 56 T.C. 512, 514-515 (1971); Cotton v. Commissioner, supra. Petitioner testified that David B. D’Amours, Jr., resided with Ms. Pond during taxable year 2002. Petitioner further testified that he provided some support for David B. D’Amours, Jr. However, petitioner did not testify as to any specific amounts of support given to David B. D’Amours, Jr., or to the total annual cost of support for David B. D’Amours, Jr. 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, petitioner is notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011