Gaitor v. Comm'r

2010 T.C. Memo. 70, 99 T.C.M. 1296, 2010 Tax Ct. Memo LEXIS 72
United States Tax Court·Decided April 8, 2010·No. No. 10561-08·Unpublished

Opinion

INSEL V. GAITOR, JR., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Gaitor v. Comm'r
No. 10561-08
United States Tax Court
T.C. Memo 2010-70; 2010 Tax Ct. Memo LEXIS 72; 99 T.C.M. (CCH) 1296;
April 8, 2010, Filed
*72
Insel V. Gaitor, Jr., Pro se.
Derek P. Richman, for respondent.
Wells, Thomas B.

THOMAS B WELLS

MEMORANDUM FINDINGS OF FACT AND OPINION

WELLS, Judge: Respondent determined a deficiency of $ 3,510 in petitioner's Federal income tax for his 2006 tax year. We must decide the following issues: (1) Whether petitioner is entitled to dependency exemption deductions for two of his minor children pursuant to section 151(c); 1 (2) whether petitioner is entitled to a child tax credit pursuant to section 24(a) for each of those children; and (3) whether petitioner is entitled to head-of-household filing status.

FINDINGS OF FACT

Some of the facts and certain exhibits have been stipulated. The stipulations of fact are incorporated in this opinion by reference and are found accordingly.

At the time the petition was filed, petitioner resided in Miami, Florida.

Petitioner is employed by the Florida State Courts.

Petitioner has four minor children, I.D.G., 2 born in 1998, C.L.G., born in 1999, D.S.G., born in 2003, and *73R.A.G., born in 2006 (hereinafter collectively the children). Three of petitioner's children, I.D.G., C.L.G., and D.S.G., are from a previous relationship with Evelyn Casiano. 3 Petitioner's fourth child, R.A.G., is from his current relationship with Lecreshia Neal (Ms. Neal). Petitioner was not married to Ms. Neal during his 2006 tax year. 4

During his 2006 taxable year, the children lived with petitioner for most of the year. Petitioner provided the children with food, clothing, and housing while making biweekly child support payments of $ 332 to Ms. Casiano. 5

On his 2006 tax return petitioner claimed head-of-household filing status, dependency exemption deductions for I.D.G. and R.A.G., and child tax credits. 6*74

On February 11, 2008, respondent sent petitioner a notice of deficiency that determined his filing status as single and disallowed his claimed dependency exemption deductions and child tax credits. Petitioner timely filed a petition with this Court.

OPINION

Generally, the Commissioner's determinations in the statutory notice of deficiency are presumed correct. See Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115, 54 S. Ct. 8, 78 L. Ed. 212, 1933-2 C.B. 112 (1933). Deductions are a matter of legislative grace, and taxpayers bear the burden of proving that they are entitled to the deductions claimed. See Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84, 112 S. Ct. 1039, 117 L. Ed. 2d 226 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440, 54 S. Ct. 788, 78 L. Ed. 1348, 1934-1 C.B. 194 (1934). 7

We first address petitioner's dependency exemption deductions. Section 151(c) allows *75a taxpayer to deduct an annual exemption amount for each dependent of the taxpayer. Section 152(a) defines dependent to include a "qualifying child" or a "qualifying relative." Generally, a qualifying child is a child of the taxpayer who has the same principal place of abode as the taxpayer for more than one-half of the taxable year and meets an age restriction and a self-support prohibition tha

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Gaitor v. Comm'r, 2010 T.C. Memo. 70, 99 T.C.M. 1296, 2010 Tax Ct. Memo LEXIS 72 (tax 2010).

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Related

Welch v. Helvering
290 U.S. 111 (Supreme Court, 1933)
New Colonial Ice Co. v. Helvering
292 U.S. 435 (Supreme Court, 1934)
Indopco, Inc. v. Commissioner
503 U.S. 79 (Supreme Court, 1992)
King v. Comm'r
121 T.C. No. 12 (U.S. Tax Court, 2003)