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