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Exemptions (Personal and dependency) - Uncle Fed's Tax*Board

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spouse, relative to amounts claimed for the support<br />

of their child, constitutes a prohibited disclosure<br />

of confidential matters. (Sec. 7213, ’86<br />

Code.)<br />

Rev. Rul. 58-120, 1958-1 C.B. 498.<br />

222.59 Support; child in State training<br />

school. Amounts expended by a State, as custodian,<br />

for room, board, <strong>and</strong> education of a child<br />

committed to a State training school are taken into<br />

account in determining a <strong>dependency</strong> exemption.<br />

Such amounts are not a scholarship. Rev. Ruls.<br />

59-379 <strong>and</strong> 61-186 distinguished. §§1.151-2,<br />

1.152-1. (Secs. 151, 152; ’86 Code.)<br />

Rev. Rul. 71-491, 1971–2 C.B. 114.<br />

222.60 Support; educational benefits; Navy<br />

assistance program. Educational benefits<br />

received by the taxpayer’s minor son under the<br />

U.S. Navy’s educational assistance program are<br />

not excludable from the son’s gross income as a<br />

scholarship where the son is obligated to render<br />

the Navy services as an employee for a stipulated<br />

period upon graduation. The value of such benefits<br />

must be considered by the taxpayer in determining<br />

whether he has contributed more than onehalf<br />

of his son’s support in order to claim a<br />

<strong>dependency</strong> exemption. §§1.61-1, 1.117-4,<br />

1.151-3, 1.152-1. (Secs. 61, 117, 151, 152; ’86<br />

Code.)<br />

Rev. Rul. 580-403, 1958-2 C.B. 49.<br />

222.61 Support; electric organ. The cost of an<br />

electronic organ, purchased for the sole benefit of<br />

a child with an intense interest in music <strong>and</strong> considerable<br />

musical ability constituted a support<br />

item. (Sec. 152, ’86 Code.)<br />

Virginia M. Cramer, 55 T.C. 1125, Acq., 1971-2<br />

C.B. 2.<br />

222.62 Support; funeral expenses. Expenditures<br />

for the funeral of a dependent may not be<br />

taken into account in determining whether a taxpayer<br />

contributed over half of the support of a<br />

claimed dependent. §1.152–1. (Sec. 152, ’86<br />

Code.)<br />

Rev. Rul. 65-307, 1965-2 C.B. 40.<br />

222.63 Support; household expenses; allocation.<br />

Where several members of a household contribute<br />

to its support, consideration should be<br />

given to the amount actually used in supporting<br />

the various members of the household. Expenses,<br />

equally applicable to the support of each household<br />

member should be allocated equally, <strong>and</strong> the<br />

actual expenses, not the fair rental value of such<br />

house, should be considered. Modified by Rev.<br />

Rul. 58-302; distinguished by Rev. Rul. 64-222;<br />

clarified by Rev. Rul. 72–591. §38.25–2. (Sec. 25,<br />

’39 Code; Sec. 151, ’86 Code.)<br />

Rev. Rul. 235, 1953-2 C.B. 23.<br />

222.64 Support; household expenses; allocation.<br />

Where several members of a household contribute<br />

to the support of the household, the contributing<br />

members will be presumed, in the absence of<br />

evidence of actual support, to have pooled their<br />

contributions to be used equally for the support of<br />

each such member. Members receiving more than<br />

they contribute will be considered to have<br />

received support from members receiving less<br />

than they contribute to the extent the amount considered<br />

to have been received exceeds the amount<br />

contributed. Moreover, where contributions to the<br />

support of a household are made by both members<br />

of the household <strong>and</strong> an outsider not sharing in the<br />

common fund, in the absence of evidence of actual<br />

support, the outsider’s contribution will be allocated<br />

equally among the members of the household.<br />

Rev. Rul. 235 distinguished <strong>and</strong> Rev. Rul.<br />

54-419 modified. Clarified by Rev. Rul. 72-591.<br />

§1.152-1. (Sec. 152, ’86 Code.)<br />

Rev. Rul. 64-222, 1964-2 C.B. 47.<br />

222.65 Support; household expenses; uncontradicted<br />

designations. Uncontradicted designations<br />

of support funds will be given effect to the<br />

extent that the householder’s own income does not<br />

exceed his pro rata share of the total support.<br />

Guidelines to be followed in applying this rule are<br />

provided. Rev. Ruls. 235 <strong>and</strong> 64-222 clarified.<br />

§1.152-1. (Sec. 152, ’86 Code.)<br />

Rev. Rul. 72-591, 1972-2 C.B. 84.<br />

222.66 Support; items. Income <strong>and</strong> social<br />

security taxes paid by a dependent from his own<br />

income are not considered items of support for the<br />

purpose of determining <strong>dependency</strong> exemptions.<br />

However, “support” does include church contributions,<br />

as well as such other items of expense<br />

as the cost of food, shelter, clothing, medical <strong>and</strong><br />

dental care, education, etc. §1.152-1. (Sec. 152,<br />

’86 Code.)<br />

Rev. Rul. 58-67, 1958-1 C.B. 62.<br />

222.67 Support; life care payment to home<br />

for aged. A taxpayer who placed his aged father<br />

in a tax-exempt religious home for life <strong>and</strong> paid in<br />

advance, based on an eight-year life expectancy, at<br />

the rate of $1,200 per year <strong>and</strong> pays for his father’s<br />

clothing <strong>and</strong> surgical expenses <strong>and</strong> furnishes him<br />

spending money is considered to have contributed<br />

$1,200 a year (plus cash outlays) towards the support<br />

of his father. §1.151-1. (Sec. 151, ’86 Code.)<br />

Rev. Rul. 58-303, 1958-1 C.B. 61.<br />

222.68 Support; lodging. Support furnished in<br />

the form of lodging is measured in terms of its fair<br />

rental value in determining who furnished over<br />

half the support of a dependent. Rev. Rul. 235<br />

modified. §§39.25–2, 1.152–1. (Sec. 25, ’39<br />

Code; Sec. 152, ’86 Code.)<br />

Rev. Rul. 58–302, 1958–1 C.B. 62; William C.<br />

Haynes, 23 T.C. 1046, Acq., 1958-1 C.B. 5; Emil<br />

Blarek, 23 T.C. 1037, Nonacq. withdrawn <strong>and</strong><br />

Acq. substituted, 1958-1 C.B. 3.<br />

222.69 Support; medical expenses. To determine<br />

whether a taxpayer has supplied over half of<br />

the “support” of an individual for purposes of the<br />

<strong>dependency</strong> exemption, the cost of the individual’s<br />

medical care shall include the premiums of a<br />

medical care policy under which the individual is<br />

covered but not the benefits under the policy, but<br />

shall not include payments provided by a tort-feasor<br />

(or his insurance company) who has injured the<br />

individual, nor services provided in government<br />

medical facilities under the provisions of the<br />

Dependents’ Medical Care Act of 1956. §1.152-1.<br />

(Sec. 152, ’86 Code.)<br />

Rev. Rul. 64-223, 1964-2 C.B. 50.<br />

222.70 Support; medicare benefits. Basic<br />

medicare benefits underpart A of title XVIII of the<br />

Social Security Act are not includible in gross<br />

income or the limitation on retirement income<br />

credit but are includable in support computation as<br />

the contribution of the person for whom it was<br />

paid. Supplementary medicare benefits underpart<br />

B are not includible in gross income, support computation,<br />

or in the limitation on retirement income<br />

credit. Revoked in part by Rev. Rul. 79–173.<br />

§§1.37-4, 1.61-1, 1.152-1. (Secs. 37, 61, 152; ’86<br />

Code.)<br />

Rev. Rul. 70-341, 1970-2 C.B. 31.<br />

222.71 Support; medicare benefits. Basic<br />

medicare benefits received by or on behalf of an<br />

individual are disregarded in the computation of<br />

support for purposes of sections 151 <strong>and</strong> 152.<br />

§§1.151-2, 1.152-1. (Secs. 151, 152; ’86 Code.)<br />

Rev. Rul. 79-173, 1979-1 C.B. 86.<br />

222.72 Support; missionary son. Payments<br />

made to a missionary from a church fund as reimbursement<br />

for travel <strong>and</strong> living expenses incurred<br />

in the services of his church are not includible in<br />

the missionary’s gross income. Contributions to<br />

the church fund by the parent of the missionary are<br />

<strong>Exemptions</strong> (<strong>Personal</strong> <strong>and</strong> <strong>dependency</strong>)<br />

deductible as charitable contributions if the organization<br />

has full control of the donated funds <strong>and</strong><br />

discretion as to their use. The parent may claim the<br />

<strong>dependency</strong> exemption where the son’s gross<br />

income is less than $600 (excluding the reimbursed<br />

expenses) <strong>and</strong> amounts furnished directly<br />

by the parent to his son constitute more than onehalf<br />

of his total support for the calendar year.<br />

§§1.61-1, 1.151-2, 1.170-1. (Secs. 61, 151, 170;<br />

’86 Code.)<br />

Rev. Rul. 62–113, 1962-2 C.B. 10.<br />

222.73 Support; National Defense Education<br />

Act grant. A stipend received under Title IV of the<br />

National Education Act of 1958 constitutes a<br />

scholarship grant <strong>and</strong> should be disregarded in<br />

determining whether the recipient’s parent provided<br />

more than one-half of the recipient’s support.<br />

However, that part of the stipend used by the<br />

recipient for the support of his wife <strong>and</strong> children<br />

should be considered in determining whether the<br />

parent is entitled to a <strong>dependency</strong> exemption for<br />

furnishing more than one-half of the support of the<br />

recipient’s wife <strong>and</strong> children. §§1.117–3, 1.151–2,<br />

1.152-1. (Secs. 117, 151, 152; ’86 Code.)<br />

Rev. Rul. 61–53, 1961-1 C.B. 21.<br />

222.74 Support; parents maintained in convalescent<br />

home. A taxpayer who paid over onehalf<br />

the total support of parents confined in a convalescent<br />

home is entitled to a deduction for<br />

medical expenses paid for the parents, a <strong>dependency</strong><br />

exemption for the mother who had less than<br />

$750 gross income, <strong>and</strong> qualifies as head of household,<br />

even though personal funds of the parents in<br />

excess of one-half the cost of their support for the<br />

year were deposited in joint savings accounts<br />

which were opened with the taxpayer’s name<br />

added to avoid probate expenses in the event of the<br />

death of both parents. Under state law the taxpayer<br />

had no current ownership right in the funds <strong>and</strong><br />

therefore, was not reimbursed for the expenses<br />

paid. (Secs. 2, 151, 213; ’86 Code.)<br />

William C. Jewell, 69 T.C. 791, Acq., 1978-1<br />

C.B. 2.<br />

222.75 Support; room <strong>and</strong> board furnished<br />

student nurses. The value of room <strong>and</strong> board furnished<br />

by accredited schools of nursing, to fulltime<br />

student nurses, a part of whose training consists<br />

of performing services in the hospital,<br />

constitute scholarships. The value of such contributed<br />

services <strong>and</strong> accommodations should be disregarded<br />

in determining whether the student<br />

nurses received more than one-half of their support<br />

from the parent for the purpose of determining<br />

a personal exemption allowance. §§1.117–1,<br />

1.151-2, 1.152-1. (Secs. 117, 151, 152; ’86<br />

Code.)<br />

Rev. Ru1. 58-338, 1958–2 C.B. 54.<br />

222.76 Support; serviceman’s allotment. A<br />

member of the Air Force, who provided a Class Q<br />

allotment for his mother, who uses the amount<br />

thereof for her support <strong>and</strong> the support of the member’s<br />

two minor sisters, may be allowed <strong>dependency</strong><br />

exemptions for his mother <strong>and</strong> his two<br />

minor sisters for whom he has furnished more than<br />

one-half the support. §1.152–1. (Sec. 152, ’86<br />

Code.)<br />

Rev. Rul. 63-14, 1963-1 C.B. 29.<br />

222.77 Support; serviceman’s quarters<br />

allowance. A serviceman may take into consideration<br />

the entire amount furnished to an individual,<br />

including the tax-exempt basic allowance for<br />

quarters received under the Career Compensation<br />

Act of 1949, as amended, <strong>and</strong> used for the support<br />

of the individual in determining whether he furnished<br />

more than one-half of such individual’s<br />

support. I.T. 4092 superseded. §1.152–1. (Sec.<br />

152, ’86 Code.)<br />

Rev. Rul. 70-87, 1970-1 C.B. 29.<br />

222.78 Support; social security benefits. Survivors<br />

insurance benefit payments made under the

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