James J. Spuches - Page 5




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          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.                         








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