- 4 - Sometime after petitioner had filed his 2005 return, petitioner mailed to the Internal Revenue Service (IRS) two additional returns for 2005 that were intended to be amended returns. On one return, the two children claimed as dependents were listed as “adopted” children, and on the other return he again claimed the same two children as dependents but also claimed their mother as a dependent. Neither of the two amended returns was accepted by the IRS.2 Dependency Exemption Deductions The first issue is whether petitioner is entitled to claim dependency exemption deductions for two children of the woman with whom he lived. Under section 151(a), a taxpayer may be entitled to a dependency exemption deduction for each of his or her dependents. However, a taxpayer is entitled to claim a dependency exemption deduction only if the claimed dependent is a qualifying child or a qualifying relative under section 152(c) or (d). Under section 152(c)(1)(A), a qualifying child is a child who bears a relationship to the taxpayer under section 152(c)(2). That relationship, for purposes of this case, exists if the claimed dependent is either a child of the taxpayer or a 2 At trial, petitioner explained that the purpose of one of the amended returns was to clarify that the two claimed dependent children on the original return were not his niece and nephew, but because he and the mother of the children were planning to marry, the two children would be considered “adopted children” and thus qualify as dependents. The second amended return included the same two children and also the mother as dependents.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: March 27, 2008