Originally posted by New York Enrolled Agent
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Well.. I think you are misinterpreting code §152. The title of the code section is "Sec. 152. Dependent defined". I see no definition of child in that section but there is the definition of a dependent. And, code section 151(c)(3) defines a child for purpose of exemption:
quote= >>Sec. 151. Allowance of deductions for personal exemptions
(3) Child defined
For purposes of paragraph (1)(B), the term "child" means an
individual who (within the meaning of section 152) is a son,
stepson, daughter, or stepdaughter of the taxpayer.<<
However, the fact still remains that the NATP code §73 is not applicable since the issue is not about the status of dependent nor exemption, rather it is about:
quote= >> Subchapter B - Computation of Taxable Income
PART II - ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME
-HEAD-
Sec. 73. Services of child<<
And for code §73 to apply it is about parental right and duty. A parent has no right or duty for an adult offspring unless so stated by a court even if qualified to claim as a dependent and/or exemption.
My main objective in continuing this post was simply to point out that one opinion from NATP was no better or as good as opinions expressed by many on this professional tax forum. If I had to chose a debatable opinion, I would go with the majority opinion of tax pro's on this forum.
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