Nimia Maria Ramos - Page 2




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          respondent,1 we are left to decide the following issues as to 1998:         
               1.  Whether petitioner is entitled to a deduction for a                
          dependency exemption for her son.  We hold she is not.                      
               2. Whether petitioner is entitled to claim a child tax                 
          credit.  We hold she is not.                                                
               3. Whether petitioner may use the head of household filing             
          status.  We hold she may not.                                               
                                  FINDINGS OF FACT                                    
               The parties have stipulated some of the facts.  Their                  
          stipulation of facts and the exhibits submitted therewith are               
          incorporated herein by this reference.  We find those facts                 
          accordingly.  Petitioner resided in New York when her petition              
          was filed.                                                                  
               Petitioner filed a 1998 Federal income tax return (return),            
          using the filing status of “Head of Household”.  On that return,            
          she claimed a dependency exemption deduction for her son,                   
          Alejandro Betancourt (Alejandro).  Petitioner also claimed as to            
          Alejandro a $400 child tax credit.                                          
               Before coming to the United States, petitioner had lived in            
          Puerto Rico.  Petitioner’s ex-husband, Jesus Betancourt Flores,             
          lived in Puerto Rico in 1998 and still lives there.  In 1998, the           
          principal place of residence for Alejandro was Puerto Rico.                 


               1 Respondent concedes that petitioner is not liable for an             
          additional tax for excess contributions to her Individual                   
          Retirement Account.                                                         




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