- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011