Phillip James Burke and Gail Agnes Storey - Page 4

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               Both petitioner and Ms. Burke signed the divorce decree on             
          May 29, 1991.                                                               
               On line 6d of their 1999 joint Federal income tax return,              
          petitioners claimed a total of five exemptions, two personal                
          exemptions and three dependency exemptions for petitioner’s three           
          children from his previous marriage to Ms. Burke.                           
               Petitioners did not attach a Form 8332, Release of Claim to            
          Exemption for Child of Divorced or Separated Parents, to their              
          1999 Federal income tax return.                                             
               Ms. Burke was the custodial parent of her three children               
          during 1999.  Ms. Burke claimed dependent exemptions for each of            
          her three children on her 1999 Federal income tax return.                   
          Respondent allowed the dependent exemptions claimed by Ms. Burke            
          as the custodial parent.                                                    
               Respondent issued a statutory notice of deficiency to                  
          petitioners disallowing the three claimed dependency exemptions.            
               Section 151(c) allows a taxpayer to deduct an annual                   
          exemption amount for each dependent, as defined in section 152.             
          Under section 152(a), the term “dependent” means, in pertinent              
          part, a son or daughter of the taxpayer over half of whose                  
          support was received from the taxpayer.  Sec. 152(a)(1).                    
               In the case of a child of divorced parents, section                    
          152(e)(1) provides in pertinent part that if a child receives               
          over half of his support from his parents who are divorced under            






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