Joseph Lee Marshall - Page 7




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               Section 152(d)(1) defines a qualifying relative as an                  
          individual:  (A) Who bears a relationship to the taxpayer as                
          described in section 152(d)(2); (B) whose gross income for the              
          year is less than the exemption amount defined in section 151(d);           
          (C) who receives over half of his or her support from the                   
          taxpayer for the taxable year at issue; and (D) who is not a                
          qualifying child of the taxpayer or of any other taxpayer for the           
          taxable year.  Section 152(d)(2) lists eight types of qualifying            
          relationships.  The first seven involve situations where an                 
          individual is related to the taxpayer by blood or marriage.  Sec.           
          152(d)(2)(A) through (G).  As stated above, a legally adopted               
          individual is included in the definition of “child” for purposes            
          of this section.  Sec. 152(f)(1)(B).  As previously discussed, FA           
          and AA were not related to petitioner by blood or marriage, nor             
          were they adopted by petitioner.  Thus, section 152(d)(2)(A)                
          through (G) does not apply.                                                 
               Section 152(d)(2)(H) provides the eighth qualifying                    
          relationship.  An individual may be considered a relative under             
          section 152(d)(2) even though not related to the taxpayer in the            
          traditional sense if that person:  (1) Is not the taxpayer’s                
          spouse; (2) has the same principal place of abode as the                    
          taxpayer; and (3) is a member of the taxpayer’s household during            
          the taxable year.  Sec. 152(d)(2)(H).  In order for an individual           
          to be considered a member of a taxpayer’s household, the taxpayer           







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Last modified: March 27, 2008