- 4 - complied with the substantiation requirements and has cooperated with the Commissioner’s reasonable requests for witnesses, information, documents, meetings, and interviews. Sec. 7491(a)(2). Petitioner has not alleged or proven that section 7491(a) applies; accordingly, the burden remains on him to show that he is entitled to the claimed deductions. A. 2002 Taxable Year I. Dependency Exemption Deduction Section 151(c), in pertinent part, allows a taxpayer to claim as a deduction the exemption amount for each individual who is a “dependent” of the taxpayer as defined in section 152 and who is the taxpayer’s child and satisfies certain age requirements.2 In pertinent part, section 152(a) defines “dependent” to include the taxpayer’s son who either received or is treated as receiving over half of his support from the taxpayer for the calendar year in which the taxpayer’s taxable year begins. Section 152(b) excepts from the definition of “dependent” any individual who is not a U.S. citizen or national unless the individual is a resident of the United States or of a country contiguous to the United States. The term “resident of the 2 The child has not attained the age of 19 or is a student who has not attained the age of 24 at the close of the calendar year in which the taxable year of taxpayer begins. Sec. 151(c)(1)(B).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007