- 5 - sign a Form 8332 or a statement conforming to the substance of Form 8332 for the 2001 taxable year. Subsequently, respondent issued a notice of deficiency to petitioner in which respondent disallowed petitioner’s claimed dependency exemption deduction for AH and changed petitioner’s filing status from head-of-household to single. Discussion2 1. Deduction for Dependency Exemption Section 151 allows as a deduction an exemption for each dependent of the taxpayer. See sec. 151(c). Section 152(a)(1) defines the term “dependent” to include a taxpayer’s child, provided that more than half of the child’s support was received from the taxpayer or is treated under section 152(e) as received from the taxpayer. In the case of a child whose parents have lived apart at all times during the last 6 months of the calendar year, section 152(e)(1) provides as a general rule that the child shall be treated as receiving over half of his or her support from the custodial parent. Petitioner argues that section 152(e) does not apply in the present circumstance. Instead, he argues that section 152(a) 2We decide the issues in this case without regard to the burden of proof. Accordingly, we need not decide whether the general rule of sec. 7491(a)(1) is applicable in this case. See Higbee v. Commissioner, 116 T.C. 438 (2001).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011