Jose Antonio Rios - Page 3




                                        - 2 -                                         
               Respondent determined a deficiency in petitioner's Federal             
          income tax for 1998 of $1,610.  After concessions,1 the issues              
          that remain for decision are:  (1) Whether petitioner is entitled           
          to claim an additional dependency exemption deduction; (2)                  
          whether petitioner is entitled to claim an additional child tax             
          credit; and (3) whether petitioner qualifies for head of                    
          household filing status.                                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the accompanying exhibits are                  
          incorporated herein by reference.  At the time the petition was             
          filed, petitioner resided in Athens, Georgia.                               
                                     Background                                       
               Petitioner and Terri Butler Chandler were never married.               
          Mrs. Chandler is Grant J. Butler's mother.  On May 9, 1994, the             
          Superior Court of Athens-Clarke County, Georgia, adjudged that              
          petitioner is Grant's father and ordered petitioner to pay                  
          monthly child support of $500, provide major-medical insurance              
          for Grant, and pay $17,000 in past due child support at a rate of           
          12-percent interest.  Petitioner began making the $500 monthly              
          child-support payments.  During 1998, petitioner paid $15,386               



               1 In the notice of deficiency, respondent determined that              
          petitioner was not entitled to deductions for two dependency                
          exemptions, two child tax credits, and head of household filing             
          status.  During the appeal process, respondent conceded that                
          petitioner is entitled to deduct an amount for one dependency               
          exemption and claim one child tax credit.                                   





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