Joseph Lee Marshall - Page 6




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          reasonable requests.  Petitioner therefore bears the burden of              
          proof.                                                                      
          A.  Dependency Exemption Deductions                                         
               A taxpayer may be entitled to a dependency exemption                   
          deduction for each of his or her dependents.  Sec. 151(a), (c).             
          However, a taxpayer is entitled to claim a dependency exemption             
          deduction only if the claimed dependent is a “qualifying child”             
          or a “qualifying relative” under section 152(c) or (d).  Sec.               
          152(a).                                                                     
               Under section 152(c)(1)(A), a qualifying child is a child              
          who bears a relationship to the taxpayer described in section               
          152(c)(2).  That relationship, for purposes of this case, exists            
          if the claimed dependent is either a child of the taxpayer, a               
          brother, sister, stepbrother, stepsister, or a descendant of any            
          such relative.  Section 152(f)(1) expands the definition of                 
          “child” to include an individual who was legally adopted by or is           
          an eligible foster child of the taxpayer.  Sec. 152(f)(1)(A)(ii),           
          (B).  Petitioner has not adopted either child, nor is he related            
          to FA or AA by blood or marriage.  Neither FA or AA was placed              
          with petitioner by an authorized placement agency or a court                
          order.  Sec. 152(f)(1)(B) and (C).  Thus, petitioner has failed             
          to establish that either FA or AA is a qualifying child as to               
          petitioner.                                                                 








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