Darren M. Parker - Page 4

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                                     Discussion                                       
               The Commissioner’s determinations are presumed correct, and            
          generally taxpayers bear the burden of proving otherwise.1  Rule            
          142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933).                    
          Dependency Exemption                                                        
               Respondent disallowed the dependency exemption deductions              
          that petitioner claimed for DP and EW on his 2003 return.                   
               Section 151(c)(1) allows a taxpayer to claim an exemption              
          deduction 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                 
          dependent’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).                                              
               Section 151(c)(1) also allows a taxpayer to claim an                   
          exemption deduction for an individual whose gross income for the            
          calendar year in which the taxable year of the taxpayer begins is           
          less than the exemption amount, and more than half of whose                 




               1Petitioner has not raised the issue of sec. 7491(a), which            
          shifts the burden of proof to the Commissioner in certain                   
          situations.  This Court concludes that sec. 7491 does not apply             
          because petitioner has not produced any evidence that establishes           
          the preconditions for its application.                                      




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