James Lee Moore - Page 5

                                        - 4 -                                         
          TH was in school.  Petitioner is not entitled to “head of                   
          household” filing status since TH did not live with him for more            
          than one-half of the year in 2003.                                          
          Dependency Exemption                                                        
               Petitioner claimed a dependency exemption deduction for TH             
          for 2003.  Section 151(c)(1) allows a taxpayer to claim as a                
          deduction an exemption for each qualifying dependent.  A child of           
          the taxpayer is considered a “dependent” so long as the child has           
          not attained the age of 19 at the close of the calendar year in             
          which the taxable year of the taxpayer begins, and more than half           
          the child’s support for the taxable year was received from the              
          taxpayer.  Secs. 151(c)(1)(B), 152(a)(1).  The age limit is                 
          increased to 24 if the child was a student as defined by section            
          151(c)(4).  Sec. 151(c)(1)(B).                                              
               During most of 2003, TH lived with her mother, but                     
          petitioner has offered no evidence as to how much of TH’s support           
          was contributed by the mother.  Petitioner and respondent                   
          stipulated that petitioner provided a total of $1,884.75 in child           
          support for TH in 2003.  Petitioner, however, has not provided              
          any evidence that his child support payments, which were in                 
          arrears, represented more than half of TH’s support for 2003.               
              Therefore, petitioner is not entitled to claim TH as a                 
          dependent on his 2003 Federal income tax return.                            







Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011