Phil E. Anderson - Page 5




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               Petitioner timely filed a U.S. Individual Income Tax Return,           
          Form 1040, for 1998, reporting wages of $26,093 and adjusted                
          gross income of $22,632.  On his return, petitioner designated              
          his filing status as “head of household”, and he claimed (1)                
          deductions for dependency exemptions for his five children, (2)             
          an earned income credit, and (3) a child tax credit (on line 43             
          of Form 1040) and an additional child tax credit (on line 60 of             
          Form 1040).  Petitioner did not attach to his return Form 8332,             
          Release of Claim to Exemption for Child of Divorced or Separated            
          Parents, or any other declaration or statement from Ms. Allison             
          agreeing not to claim exemptions for any of their five children             
          on her return for the year in issue.  In contrast, petitioner did           
          attach to his return Form 8812, Additional Child Tax Credit.                
               In the notice of deficiency, respondent determined that                
          petitioner’s filing status was “single” rather than “head of                
          household”.  Respondent also determined that petitioner was not             
          entitled to:  (1) Deductions for dependency exemptions, (2) an              
          earned income credit, or (3) a child tax credit and additional              
          child tax credit.                                                           
               In his petition, petitioner admits that he had physical                
          custody of his children for less than half of the year, but                 
          alleges that he maintained a residence for them and provided over           
          60 percent of their support.                                                








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