Dimitri L. Harris - Page 5




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               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.           






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