- 3 - 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.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007