DocketNumber: Docket No. 21417-96
Citation Numbers: 1997 T.C. Memo. 355, 74 T.C.M. 272, 1997 Tax Ct. Memo LEXIS 429
Judges: DINAN
Filed Date: 8/4/1997
Status: Non-Precedential
Modified Date: 11/21/2020
*429 Decision will be entered under Rule 155.
MEMORANDUM*430 OPINION
DINAN,
Respondent determined a deficiency in petitioners' Federal income tax for 1995 in the amount of $ 1,400.
After a concession by respondent, 2 the issue remaining for decision is whether petitioners are entitled to an exemption deduction for Miguel Angel Castellon Acosta (Miguel).
Some of the facts have been stipulated and are so found. The stipulations of *431 fact and attached exhibits are incorporated herein by this reference. Petitioners resided in South Windsor, Connecticut, on the date the petition was filed in this case.
Miguel arrived in the United States on December 6, 1995, as a refugee from a migrant camp in Guantanamo Bay, Cuba. He was sponsored by the Office of Migrant Services of the United States Catholic Conference of the Archdiocese of Hartford, Connecticut. Miguel was 20 years old when he arrived in the United States. His only belongings were the clothes he was wearing.
Petitioners welcomed Miguel into their home on December 6, 1995, and he presently still resides there. Since his arrival in the United States, Miguel has obtained his graduate equivalency diploma from East Catholic High School, has found a job that provides him with medical benefits, and currently attends Manchester Community College.
On the advice of their accountant, petitioners claimed an exemption deduction for Miguel on their 1995 return. In the statutory notice of deficiency, respondent disallowed the claimed deduction.
Respondent's determinations in the statutory notice of deficiency are presumed to be correct, and petitioners bear the burden of*432 proving otherwise. Rule 142(a);
An individual taxpayer is allowed as a deduction in computing taxable income an additional exemption for each dependent as defined in section 152. Sec. 151(c) (1). A dependent is generally defined as an individual who receives over half of his support from the taxpayer in the calendar year in which the taxpayer's taxable year begins. Sec. 152(a). Individuals listed under this general definition include, among others, an individual who for the taxable year of the taxpayer has as his principal place of abode the home of the taxpayer and is a member of the taxpayer's household. Sec. 152(a) (9).
According to petitioners, their accountant relied upon language in
We disagree. The exception provided in
Accordingly, we hold that petitioners are not entitled to an exemption *434 deduction for Miguel for 1995.
To reflect the foregoing,
1. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable year in issue. All Rule references are to the Tax Court Rules of Practice and Procedure.↩
2. Respondent concedes that petitioners are entitled to a dependency exemption deduction for James Aiello, petitioner wife's son from a previous marriage.↩