- 5 - descendant of such child, or is a brother, sister, stepbrother, or stepsister of the taxpayer or a descendant of any such relative. Sec. 152(c)(1) and (2). The two children claimed as dependents by petitioner do not fall within any of the relationship requirements of section 152(c) described above since petitioner and the mother of the children were not married in 2005. Hence, the children do not qualify as stepchildren of petitioner. Therefore, the Court holds that petitioner is not entitled to the dependency exemption deductions for the two children of the woman with whom he lived during the year at issue, and respondent’s determination is sustained.3 Head of Household Filing Status The second issue is whether petitioner is entitled to head of household filing status under section 2(b)(1). 3 Sec. 152(a)(2) allows a “qualifying relative” as a dependent. Sec. 152(d)(2)(H) defines a qualifying relative as an individual who has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household. At trial, petitioner did not assert that the two children were qualifying relatives, nor did he present any evidence to establish that he provided more than one-half of the total support for the two children. Petitioner, the children, and their mother lived in an apartment in which petitioner was a co-tenant with another individual. It appears from the record that the cotenant paid at least half of the rent for the apartment. No evidence was presented to establish the total amount of support provided to the two children for the year at issue. A taxpayer who cannot establish the total amount of support provided to a claimed dependent generally may not claim that individual as a dependent. Blanco v. Commissioner, 56 T.C. 512, 514-515 (1971).Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: March 27, 2008