- 4 - that the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). However, pursuant to section 7491(a)(1), the burden of proof on factual issues that affect the taxpayer’s tax liability may be shifted to the Commissioner where the “taxpayer introduces credible evidence with respect to * * * such issue”. The burden will shift only if the taxpayer has complied with the substantiation requirements and the taxpayer “has cooperated with reasonable requests by the Secretary 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 petitioner. 1. 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. Section 152(a) defines “dependent”, in pertinent part, to include a “son or daughter of the taxpayer” over half of whose support for the calendar year in which the taxable year of the taxpayer begins was received from the taxpayer or is treated under section 152(c) or (e) as received from the taxpayer.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007