Ishmael Tarikh - Page 5

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          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).                                                            




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