Emmanuel M. and Blessing N. Nwankwo - Page 9

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          submitted’”.    Baker v. Commissioner, 122 T.C. 143, 168 (2004)             
          (quoting Higbee v. Commissioner, 116 T.C. 438, 442 (2001)).                 
               In this case, petitioners have neither argued that section             
          7491 is applicable to shift the burden of proof to respondent nor           
          established that they complied with the requirements of section             
          7491(a)(2)(A).  The resolution of the issues presented, however,            
          does not depend on which party has the burden of proof.                     
          Accordingly, we resolve the issues on the preponderance of the              
          evidence in the record.                                                     
          2002 Dependency Exemptions                                                  
               Petitioners argued their entitlement to dependency                     
          exemptions for taxable year 2002 for Raphael and Caroline                   
          Nwankwo.  Petitioners testified that Raphael Nwankwo lived in               
          their home from 1998 through the end of January 2002, and that              
          Caroline Nwankwo lived in their home from 1999 until January                
          2003.                                                                       
               Section 151(c) allows as a deduction a dependency exemption            
          for each dependent as defined in section 152.  To prevail, the              
          taxpayer must show:  (1) That the individual claimed as a                   
          dependent is a qualified relative of the taxpayer or is an                  
          individual within the meaning of section 152(a)(9); (2) that the            
          taxpayer furnished over half of the individual’s total support              
          for the year; and (3) that the individual is a United States                
          citizen or national for whom a taxpayer identification number               






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