Humberto M. Betancourt - Page 7

                                        - 6 -                                         
          “dependent” includes a son of the taxpayer “over half of whose              
          support, for the calendar year in which the taxable year of the             
          taxpayer begins, was received from the taxpayer”.  Sec. 152(a).             
               Given the limited information as to the amount paid for                
          support of the children, the existence of the joint checking                
          account and Ms. Rodriguez’s higher income for 2001 lead us to the           
          conclusion that petitioner did not provide over half of the                 
          support for Erica and Ivan.  Accordingly, petitioner is not                 
          entitled to dependency exemption deductions for Erica and Ivan              
          for 2001, and we sustain respondent on this issue.                          
          3.  Additional Child Tax Credit                                             
               Section 24(a)(1) provides for a “credit against the tax * *            
          * for the taxable year with respect to each qualifying child of             
          the taxpayer”.  The term “qualifying child” means any individual            
          if three tests are satisfied.  Sec. 24(c)(1).                               
               In the present case, the only relevant test is whether the             
          taxpayer is allowed a deduction under section 151 with respect to           
          such individual for the taxable year.  Sec. 24(c)(1)(A).  We have           
          concluded, however, that petitioner is not entitled to dependency           
          exemption deductions for Erica and Ivan for 2001.  Accordingly,             
          they are not qualifying children, and petitioner is not entitled            
          to the additional child tax credit of $22 for 2001.  We sustain             
          respondent’s determination on this issue.                                   








Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011