- 4 - the Commissioner’s determination is incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933).2 The first issue is whether petitioner is entitled to the dependency exemption deductions for the three children for the year at issue. Section 151(c) allows taxpayers to deduct an annual exemption amount for each dependent, as defined in section 152. Under section 152(a), the term “dependent” means certain individuals over half of whose support was received from the taxpayer during the taxable year in which such individuals are claimed as dependents. As relevant here, the term includes a son or daughter of the taxpayer. Sec. 152(a)(1). The basis upon which petitioner claims entitlement to the dependency exemption deductions is that the children lived with him for 7 months during the year, during which he was their sole source of support, and, for the 5 months in which the children lived with their mother, he paid the mother $300 to support the children. Thus, petitioner claims that, from a practical standpoint, since the children were with him a greater portion of the year at issue, he, logically, provided more than half of the children’s support that year. 2Under some circumstances, the burden of proof shifts to the Commissioner under sec. 7491. That burden does not shift to respondent because petitioner failed to maintain records and comply with the requirements of substantiation as required by sec. 7491(a)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011