Virgil Cato - Page 4




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          insurance, and maintaining life insurance for the children’s                
          benefit.  Additionally, the decree established that                         
                    For the tax year 1992, [petitioner] shall be                      
               entitled to take all three children as exemptions under                
               his State and Federal filing.  Each year thereafter,                   
               [petitioner] shall be entitled to the oldest child and                 
               one of the youngest children who are twins.  These                     
               exemptions are strictly contingent upon [petitioner]                   
               paying and being current on all child support as                       
               previously set out herein.                                             

               In 1998, the Superior Court of DeKalb County modified the              
          divorce decree by an Order for Child Support (child support                 
          order).  The child support order entitled petitioner to claim               
          dependency exemptions for Shayla as a dependent on his State and            
          Federal tax returns for 1997 and 1998.  The court entered an                
          Income Deduction Order for petitioner to pay $500 towards his               
          child support arrearage.  The child support order further states            
          that any provision of the original divorce decree not                       
          specifically modified in the child support order remains in full            
          force and effect.                                                           
               Petitioner filed his 1998 Federal income tax return as head            
          of household and reported income of $55,785.  Petitioner claimed            
          dependency exemption deductions for his daughter and his son                
          Kevin and two child tax credits.  Respondent issued a notice of             
          deficiency determining that petitioner is not entitled to head of           
          household filing status, the dependency exemption deduction for             
          his son Kevin, or the child tax credit because he failed to                 






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