Maria E. Magallon - Page 11

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          A child of the taxpayer is considered a “dependent” so long as              
          the child has not attained the age of 19 at the close of the                
          calendar year in which the taxable year of the taxpayer begins,             
          and more than half the child’s support for the taxable year was             
          received from the taxpayer.  Secs. 151(c)(1)(B), 152(a)(1).  The            
          age limit is increased to 24 if the child was a student as                  
          defined by section 151(c)(4).  Sec. 151(c)(1)(B).                           
               In 2002, MA received Social Security benefits of $5,168 for            
          her support.  In order for petitioner to meet the support                   
          requirement under section 152(a), she must show that she paid               
          more than $5,168 for MA’s support in 2002.  Petitioner failed to            
          provide any documentation to support her contention that she                
          provided for more than half of MA’s support in 2002.                        
              Accordingly, respondent’s determination disallowing the                
          exemption deduction is sustained.                                           
          IV. Accuracy-Related Penalty                                                
               Respondent determined that petitioner is liable for an                 
          accuracy-related penalty under section 6662(a).  Section 6662(a)            
          imposes a 20-percent penalty on the portion of an understatement            
          attributable to any one of various factors, including negligence            
          or disregard of rules or regulations and a substantial                      
          understatement of income tax.  See sec. 6662(b)(1) and (2).                 
          “Negligence” includes any failure to make a reasonable attempt to           

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Last modified: May 25, 2011