Dimitri L. Harris - Page 6




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          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).                        






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