Atoumane Ndoye - Page 3




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          income tax.  The issues for decision are whether petitioner is              
          entitled to (1) a deduction for certain dependency exemptions and           
          (2) a child tax credit which he claimed on his 1998 Federal                 
          income tax return.  We decide both issues in the negative.                  
               The parties have stipulated some of the facts.  Their                  
          stipulation of facts and the exhibits submitted therewith are               
          incorporated herein by this reference.  Petitioner resided in               
          Montgomery, Alabama, when his petition was filed.                           
               Petitioner filed a 1998 Federal income tax return, using the           
          filing status of “Head of Household”.  On that return, he claimed           
          a dependency exemption deduction for five children (collectively,           
          the children) whom he listed as a (1) child named Abdoul A. Amar,           
          (2) child named Astou G. Amar, (3) niece named Asta M. Amar, (4)            
          niece named Maymouna A. Amar, and (5) nephew named Mohammed Diod.           
          He claimed on his return that two of the children, Abdoul A. Amar           
          and Astou G. Amar, qualified him for a $491 child tax credit                
          under section 24.                                                           
               On October 5, 2000, respondent mailed a letter to petitioner           
          requesting a list of persons who lived in his household, as well            
          as their relationships to him, their Social Security numbers, and           
          the number of months each person lived in petitioner’s household            
          during the taxable year.  Respondent also requested in his letter           
          that petitioner supply respondent with a copy of each dependent’s           
          birth certificate or green card.                                            






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