Kevin Orlando McClain - Page 5

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          income for the calendar year in which the taxable year of the               
          taxpayer begins is less than the exemption amount, and more than            
          half the child’s support, for the calendar year in which the                
          taxable year of the taxpayer begins, was received from the                  
          taxpayer.  Secs. 151(c)(1)(A), 152(a)(6).                                   
               Section 151(c) also allows a taxpayer to claim an exemption            
          deduction for an individual, such as a cousin, whose relationship           
          with the taxpayer is not specified under section 152(a)(1)-(8).             
          Sec. 152(a)(9).  An individual is considered a “dependent” if:              
          (1) The individual’s gross income for the calendar year in which            
          the taxable year of the taxpayer begins is less than the                    
          exemption amount, (2) more than half the individual’s support,              
          for the calendar year in which the taxable year of the taxpayer             
          begins, was received from the taxpayer, and (3) for the taxable             
          year of the taxpayer, the individual has as his principal place             
          of abode the home of the taxpayer and is a member of the                    
          taxpayer’s household.  Secs. 151(c)(1)(A), 152(a)(9).                       
               Although petitioner contends that he provided more than half           
          of DR’s and AM’s support in 2004, he has failed to offer any                
          records to corroborate his testimony.  Petitioner and Ms. Logan             
          shared the expenses for support of the household in 2004.  It is            
          unclear how petitioner and Ms. Logan allocated the expenses                 
          between them.  It is also unclear how much of the expenses paid             
          by petitioner related to the children.                                      






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