Malcolm Elwood McClain - Page 8




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          gross income is less than the exemption amount.  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              
          dependent’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).                                              
               Petitioner testified that both his children were over the              
          age of 19 in 1994.  Neither was a full-time student as defined by           
          section 151(c)(4) during the years 1994 through 1997.  Therefore,           
          neither qualifies as a dependent under section 151(c)(1)(B) for             
          any of the years at issue.                                                  
               Petitioner claims Stacy Brown as a dependent for 1994 and              
          1995.  Petitioner also claims her to have been a renter who owed            
          him for room and board for those same years.  He claimed a bad              
          debt deduction for that “debt”.  See discussion infra.                      
               A dependent is defined as an individual over half of whose             
          support for the year was received from the taxpayer or is treated           
          as having been received from the taxpayer.  Sec. 152(a).  In                
          order for petitioner to establish that he provided more than half           
          of the support of Stacy Brown, he must first show by competent              
          evidence the total amounts of support she received from all                 
          sources for the years at issue.  See Blanco v. Commissioner, 56             







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