- 2 - Held: A dependency exemption deduction is allowed for a parent who provides over half of a child’s support during the taxable year. In the case of parents who are divorced, who are separated under a written separation agreement, or who live apart at all times during the last 6 months of the calendar year, the parent having custody for a greater portion of the year is treated as providing over half of the child’s support. Sec. 152(e)(1), I.R.C. This parent is entitled to the deduction unless he or she signs a written declaration that he or she will not claim the child as a dependent. Sec. 152(e)(2), I.R.C. The declaration may apply to 1 year, a set number of years, or all future years. Because L and K lived apart at all times during the last 6 months of 1998 and 1999 and K executed the Form 8332 releasing her claim to exemptions for the years in issue, L is entitled to the deductions. Jeffrey R. King and Sabrina M. King, pro sese. Jimmy R. Lopez and Suzy O. Lopez, pro sese. Mary Tseng Klaasen, for respondent. GOEKE, Judge: Respondent determined deficiencies in income tax for petitioners Jeffrey R. King and Sabrina M. King (Mr. King and Mrs. King, respectively; the Kings collectively) of $1,716 and $912 for the taxable years 1998 and 1999, respectively. In a separate notice of deficiency, respondent determined deficiencies in income tax for petitioners Jimmy R. Lopez and Suzy O. Lopez (Mr. Lopez and Mrs. Lopez, respectively; the Lopezes collectively) of $1,156 and $912 for the taxable years 1998 and 1999, respectively. The issue for decision is which petitioners are entitled to dependency exemption deductions under sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011