Craig Bryant Redding - Page 4




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               On his 2004 Federal income tax return, petitioner listed Ms.           
          Jackson’s apartment as his residence, claimed dependency                    
          exemptions and the EIC for two of Ms. Jackson’s children, and               
          filed using head of household filing status.  In September 2005,            
          respondent issued the notice of deficiency to petitioner with               
          respect to petitioner’s claimed dependency exemptions, EIC, and             
          head of household filing status.  Petitioner timely petitioned              
          this Court for redetermination.                                             
                                     Discussion                                       
          I.   Dependency Exemption                                                   
               Section 151 provides an exemption in computing taxable                 
          income for each of a taxpayer’s dependents.  To qualify as a                
          “dependent” under section 152, an individual must receive over              
          one-half of his or her support from the taxpayer for the calendar           
          year in which the applicable tax year begins.  Sec. 152(a).  It             
          is the taxpayer’s burden to establish that he or she furnished              
          over one-half of the support for the individual for whom the                
          taxpayer claims the exemption during the taxable year.  Fearing             
          v. Commissioner, 315 F.2d 495, 496 (8th Cir. 1963), affg. T.C.              
          Memo. 1962-148; Rivers v. Commissioner, 33 T.C. 935 (1960).  A              
          taxpayer claiming a deduction must substantiate the claim by                
          maintaining records necessary to establish he or she is entitled            
          to the deduction.  Sec. 6001; sec. 1.6001-1(a), (e), Income Tax             
          Regs.                                                                       







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