Terrance LaShawn and Christy Shields - Page 4

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          children to $200 for one child.  On December 5, 2005, respondent            
          sent petitioners a notice of deficiency.                                    
                                     Discussion                                       
               As a general rule, the Commissioner’s determinations in the            
          notice of deficiency are presumed correct, and the taxpayer bears           
          the burden of proving an error.  Rule 142(a); Welch v. Helvering,           
          290 U.S. 111, 115 (1933).                                                   
               In general, a taxpayer is allowed as a deduction an                    
          exemption for each dependent.  Sec. 151(c).  A dependent includes           
          a son or daughter of the taxpayer over half of whose support for            
          the calendar year was provided by the taxpayer.  Sec. 152(a)(1).            
          In the case of a child who receives over half of his support                
          during the calendar year from his parents1 who are divorced or              
          separated or who live apart during the last 6 months of the                 
          calendar year, the child is treated as receiving over half of his           
          support from the parent having custody for the greater portion of           
          the calendar year.  Sec. 152(e)(1).  Despite the heading “Support           
          Test in Case of Child of Divorced Parents, Etc.”, section 152(e)            





               1We infer from the record that Ms. Warner and petitioner               
          Terrance LaShawn Shields provided over half of J.S.’s support               
          during 2003 but note that J.S.’s maternal grandmother may have              
          provided some support.                                                      






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