Michael Kevin Boltinghouse - Page 11




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          253.  Petitioner is not required to provide the precise total               
          amount of support for his daughter but must at least provide                
          convincing evidence that he provided more than half of it in                
          2003.  See Seraydar v. Commissioner, 50 T.C. 756, 760 (1968).               
               Petitioner failed to maintain and provide sufficient records           
          establishing the total amount of support his daughter received in           
          2003 and the amount he provided.  While petitioner testified at             
          trial that he paid tuition, child support, and insurance premiums           
          benefiting his daughter, he failed to provide any evidence to               
          substantiate how much these payments amounted to.4  Further,                
          petitioner did not offer any evidence as to how much support his            
          ex-wife provided, who paid his daughter’s other living expenses,            
          or whether his daughter was employed during 2003.  Therefore, we            
          hold that petitioner failed to carry his burden of establishing             
          that he met the support test of section 152(a) so as to be                  
          entitled to claim a dependency exemption deduction for his                  
          daughter for 2003.                                                          
               Petitioner also does not qualify for the deduction under the           
          special support test for children of divorced parents.  Sec.                
          152(e)(1).  Section 152(e)(1) applies only when the child is in             
          the custody of one or both parents for more than one-half of the            

               4 Petitioner’s argument that respondent never asked him for            
          substantiation is without merit.  A taxpayer who fails for any              
          reason to substantiate a claimed deduction does so at his peril.            
          See Sanford v. Commissioner, 50 T.C. 823, 830 (1968), affd. 412             
          F.2d 201 (2d Cir. 1969).                                                    






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